An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts

ASSENTED TO

June 21, 2018

BILL C-45

RECOMMENDATION

His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts”.

SUMMARY

This enactment enacts the Cannabis Act to provide legal access to cannabis and to control and regulate its production, distribution and sale.

The objectives of the Act are to prevent young persons from accessing cannabis, to protect public health and public safety by establishing strict product safety and product quality requirements and to deter criminal activity by imposing serious criminal penalties for those operating outside the legal framework. The Act is also intended to reduce the burden on the criminal justice system in relation to cannabis.

The Act

(a)establishes criminal prohibitions such as the unlawful sale or distribution of cannabis, including its sale or distribution to young persons, and the unlawful possession, production, importation and exportation of cannabis;

(b)enables the Minister to authorize the possession, production, distribution, sale, importation and exportation of cannabis, as well as to suspend, amend or revoke those authorizations when warranted;

(c)authorizes persons to possess, sell or distribute cannabis if they are authorized to sell cannabis under a provincial Act that contains certain legislative measures;

(d)prohibits any promotion, packaging and labelling of cannabis that could be appealing to young persons or encourage its consumption, while allowing consumers to have access to information with which they can make informed decisions about the consumption of cannabis;

(e)provides for inspection powers, the authority to impose administrative monetary penalties and the ability to commence proceedings for certain offences by means of a ticket;

(f)includes mechanisms to deal with seized cannabis and other property;

(g)authorizes the Minister to make orders in relation to matters such as product recalls, the provision of information, the conduct of tests or studies, and the taking of measures to prevent non-compliance with the Act;

(h)permits the establishment of a cannabis tracking system for the purposes of the enforcement and administration of the Act;

(i)authorizes the Minister to fix, by order, fees related to the administration of the Act; and

(j)authorizes the Governor in Council to make regulations respecting such matters as quality, testing, composition, packaging and labelling of cannabis, security clearances and the collection and disclosure of information in respect of cannabis as well as to make regulations exempting certain persons or classes of cannabis from the application of the Act.

This enactment also amends the Controlled Drugs and Substances Act to, among other things, increase the maximum penalties for certain offences and to authorize the Minister to engage persons having technical or specialized knowledge to provide advice. It repeals item 1 of Schedule II and makes consequential amendments to that Act as the result of that repeal.

In addition, it repeals Part XII.‍1 of the Criminal Code, which deals with instruments and literature for illicit drug use, and makes consequential amendments to that Act.

It amends the Non-smokers’ Health Act to prohibit the smoking and vaping of cannabis in federally regulated places and conveyances.

Finally, it makes consequential amendments to other Acts.

Available on the House of Commons website at the following address:

www.ourcommons.ca

TABLE OF PROVISIONS

An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts

Short Title

1

Cannabis Act

Interpretation

2

Definitions

3

Interpretation

4

Designation of Minister

Application

5

Youth Criminal Justice Act

5.‍1

For greater certainty

Her Majesty

6

Act binding on Her Majesty

Purpose

7

Purpose

PART 1

Prohibitions, Obligations and Offences

DIVISION 1

Criminal Activities

8

Possession

8.‍1

Definition of medical emergency

9

Distribution

10

Selling

11

Importing and exporting

12

Production

13

Possession, etc.‍, for use in production or distribution of illicit cannabis

An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts

[Assented to 21st June, 2018]

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Short title

1This Act may be cited as the Cannabis Act.

Interpretation

Definitions

2(1)The following definitions apply in this Act.

analyst means an individual who is designated as an analyst under section 130.‍ (analyste)

Attorney General means

(a)the Attorney General of Canada, and includes his or her lawful deputy; or

(b)with respect to proceedings commenced at the instance of the government of a province and conducted by or on behalf of that government, the Attorney General of that province, and includes his or her lawful deputy.‍ (procureur général)

(a)cannabis, a cannabis accessory or a service related to cannabis; or

(b)a brand of any cannabis, cannabis accessory or service related to cannabis.‍ (élément de marque)

brand-preference promotion means promotion of cannabis by means of its brand characteristics, promotion of a cannabis accessory by means of its brand characteristics or promotion of a service related to cannabis by means of the brand characteristics of the service.‍ (promotion de marque)

cannabis means a cannabis plant and anything referred to in Schedule 1 but does not include anything referred to in Schedule 2. (cannabis)

cannabis accessory means

(a)a thing, including rolling papers or wraps, holders, pipes, water pipes, bongs and vaporizers, that is represented to be used in the consumption of cannabis; or

(b)a thing that is deemed under subsection (3) to be represented to be used in the consumption of cannabis. (accessoire)

cannabis plant means a plant that belongs to the genus Cannabis.‍ (plante de cannabis)

chemical offence-related property means offence-related property that is a chemical and includes

(a)anything that contains any offence-related property that is a chemical; or

(b)anything that has any offence-related property on it that is a chemical.‍ (bien infractionnel chimique)

chemical property means

(a)any chemical offence-related property;

(b)a chemical that is not chemical offence-related property; or

(c)anything that contains a chemical referred to in paragraph (b) or anything that has such a chemical on it. (bien chimique)

competent authority means a public authority of a foreign country that is authorized under the laws of that country to approve the importation or exportation of cannabis into or from that country.‍ (autorité compétente)

designated offence means

(a)an offence under subsection 9(1) or (2), 10(1) or (2), 11(1) or (2), 12(1), (4), (5), (6) or (7), 13(1) or 14(1); or

(b)a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a).‍ (infraction désignée)

distribute includes administering, giving, transferring, transporting, sending, delivering, providing or otherwise making available in any manner, whether directly or indirectly, and offering to distribute. (distribuer)

dried cannabis means any part of a cannabis plant that has been subjected to a drying process, other than seeds. (cannabis séché)

dwelling-house has the same meaning as in section 2 of the Criminal Code.‍ (maison d’habitation)

government means any of the following or their institutions:

(a)the federal government;

(b)a corporation named in Schedule III to the Financial Administration Act;

(c)the government of a province or a public body established under an Act of the legislature of a province;

(d)an aboriginal government as defined in subsection 13(3) of the Access to Information Act;

(e)the government of a foreign state or of a subdivision of a foreign state; and

(f)an international organization of states. (administration)

illicit cannabis means cannabis that is or was sold, produced or distributed by a person prohibited from doing so under this Act or any provincial Act or that was imported by a person prohibited from doing so under this Act.‍ (cannabis illicite)

informational promotion means a promotion by which factual information is provided to the consumer about

(a)cannabis or its characteristics;

(b)a cannabis accessory or its characteristics;

(c)a service related to cannabis; or

(d)the availability or price of cannabis, a cannabis accessory or a service related to cannabis. (promotion informative)

inspector means an individual who is designated as an inspector under section 84.‍ (inspecteur)

judge means a judge as defined in section 552 of the Criminal Code or a judge of a superior court of criminal jurisdiction.‍ (juge)

justice has the same meaning as in section 2 of the Criminal Code.‍ (juge de paix)

label includes a legend, word or mark that is, or is to be, applied or attached to or included in, or that accompanies or is to accompany, cannabis or a cannabis accessory or a package.‍ (étiquette)

Minister means the member of the Queen’s Privy Council for Canada who is designated as the Minister under section 4. (ministre)

produce, in respect of cannabis, means to obtain it by any method or process, including by

(a)manufacturing;

(b)synthesis;

(c)altering its chemical or physical properties by any means; or

(d)cultivating, propagating or harvesting it or any living thing from which it may be extracted or otherwise obtained.‍ (production)

promote, in respect of a thing or service, means to make, for the purpose of selling the thing or service, a representation — other than a representation on a package or label — about the thing or service by any means, whether directly or indirectly, that is likely to influence and shape attitudes, beliefs and behaviours about the thing or service. (promotion)

public place includes any place to which the public has access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view. (lieu public)

sell includes offer for sale, expose for sale and have in possession for sale.‍ (vente)

young person means

(a)for the purposes of sections 8, 9 and 12, an individual who is 12 years of age or older but under 18 years of age; and

(b)for the purposes of any other provision of this Act, an individual who is under 18 years of age. (jeune)

Dried cannabis

(2)For the purposes of this Act, dried cannabis is a class of cannabis.

Deeming — cannabis accessory

(3)For the purposes of the definition cannabis accessory, a thing that is commonly used in the consumption of cannabis is deemed to be represented to be used in the consumption of cannabis if the thing is sold at the same point of sale as cannabis.

Equivalency

(4)For the purposes of this Act, a quantity referred to in column 2 of Schedule 3 in respect of any class of cannabis referred to in column 1 of that Schedule is deemed to be equivalent to 1 g of dried cannabis.

Interpretation

3Every power, duty or function imposed under this Act that may be exercised or performed in respect of an offence under this Act may be exercised or performed in respect of a conspiracy, or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence under this Act.

Designation of Minister

4The Governor in Council may, by order, designate a member of the Queen’s Privy Council for Canada as the Minister for the purposes of this Act.

Application

Youth Criminal Justice Act

5The Youth Criminal Justice Act applies in respect of contraventions of provisions of this Act or of the regulations.

For greater certainty

5.‍1For greater certainty, nothing in this Act is to be construed as limiting the operation of the extrajudicial measures that are provided for under the Youth Criminal Justice Act.

Her Majesty

Act binding on Her Majesty

6This Act is binding on Her Majesty in right of Canada or a province.

Purpose

Purpose

7The purpose of this Act is to protect public health and public safety and, in particular, to

(a)protect the health of young persons by restricting their access to cannabis;

(b)protect young persons and others from inducements to use cannabis;

(c)provide for the licit production of cannabis to reduce illicit activities in relation to cannabis;

(d)deter illicit activities in relation to cannabis through appropriate sanctions and enforcement measures;

(e)reduce the burden on the criminal justice system in relation to cannabis;

(f)provide access to a quality-controlled supply of cannabis; and

(g)enhance public awareness of the health risks associated with cannabis use.

PART 1

Prohibitions, Obligations and Offences

DIVISION 1

Criminal Activities

Possession

8(1)Unless authorized under this Act, it is prohibited

(a)for an individual who is 18 years of age or older to possess, in a public place, cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to more than 30 g of dried cannabis;

(b)for an individual who is 18 years of age or older to possess any cannabis that they know is illicit cannabis;

(c)for a young person to possess cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to more than 5 g of dried cannabis;

(d)for an individual to possess, in a public place, one or more cannabis plants that are budding or flowering;

(e)for an individual to possess more than four cannabis plants that are not budding or flowering; or

(f)for an organization to possess cannabis.

Punishment

(2)Subject to section 51, every person that contravenes subsection (1)

(a)is guilty of an indictable offence and is liable

(i)in the case of an individual who is 18 years of age or older, to imprisonment for a term of not more than five years less a day,

(ii)in the case of a young person, to a youth sentence under the Youth Criminal Justice Act, or

(iii)in the case of an organization, to a fine in an amount that is in the discretion of the court; or

(b)is guilty of an offence punishable on summary conviction and is liable

(i)in the case of an individual who is 18 years of age or older, to a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both,

(ii)in the case of a young person, to a youth sentence under the Youth Criminal Justice Act, or

(iii)in the case of an organization, to a fine of not more than $100,000.

Definition of medical emergency

8.‍1(1)For the purposes of this section, medical emergency means a physiological event induced by the introduction of a psychoactive substance into the body of a person that results in a life-threatening situation and in respect of which there are reasonable grounds to believe that the person requires emergency medical or law enforcement assistance.

Exemption — medical emergency

(2)No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency is to be charged or convicted of an offence under subsection 8(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assist­ance or having remained at the scene.

Exemption — persons at the scene

(3)The exemption under subsection (2) also applies to any person, including the person suffering from the medical emergency, who is at the scene on the arrival of the emergency medical or law enforcement assistance.

Exemption — evidence

(4)No person who seeks emergency medical or law enforcement assistance because that person, or another person, is suffering from a medical emergency, or who is at the scene on the arrival of the assistance, is to be charged with an offence concerning a violation of any condition of a pre-trial release or probation order relating to an offence under subsection 8(1) if the evidence in support of that offence was obtained or discovered as a result of that person having sought assistance or having remained at the scene.

Deeming

(5)Any condition of a person’s pre-trial release, probation order, conditional sentence or parole relating to an offence under subsection 8(1) that may be violated as a result of the person seeking emergency medical or law enforcement assistance for their, or another person’s, medical emergency, or as a result of having been at the scene on the arrival of the assistance, is deemed not to be violated.

Distribution

9(1)Unless authorized under this Act, it is prohibited

(a)for an individual who is 18 years of age or older

(i)to distribute cannabis of one or more classes of cannabis the total amount of which is equivalent, as determined in accordance with Schedule 3, to more than 30 g of dried cannabis,

(ii)to distribute cannabis to an individual who is under 18 years of age,

(iii)to distribute cannabis to an organization, or

(iv)to distribute cannabis that they know is illicit cannabis;

(b)for a young person

(i)to distribute cannabis of one or more classes of cannabis the total amount of which is equivalent, as determined in accordance with Schedule 3, to more than 5 g of dried cannabis,

(ii)to distribute cannabis to an organization;

(c)for an individual

(i)to distribute one or more cannabis plants that are budding or flowering, or

(ii)to distribute more than four cannabis plants that are not budding or flowering; or

(d)for an organization to distribute cannabis.

Possession for purpose of distributing

(2)Unless authorized under this Act, it is prohibited to possess cannabis for the purpose of distributing it contrary to subsection (1).

Defence — subparagraph (1)‍(a)‍(ii)

(3)It is not a defence to a charge arising out of the contravention of subparagraph (1)‍(a)‍(ii) that the accused believed that the individual referred to in that subparagraph was 18 years of age or older, unless the accused took reasonable steps to ascertain the individual’s age.

Defence — subsection (2)

(4)It is not a defence to a charge arising out of the contravention of subsection (2) of possessing cannabis for the purpose of distributing it to an individual referred to in subparagraph (1)‍(a)‍(ii) that the accused believed that the individual was 18 years of age or older, unless the accused took reasonable steps to ascertain the individual’s age.

Punishment

(5)Subject to section 51, every person that contravenes subsection (1) or (2)

(a)is guilty of an indictable offence and is liable

(i)in the case of an individual who is 18 years of age or older, to imprisonment for a term of not more than 14 years,

(ii)in the case of a young person, to a youth sentence under the Youth Criminal Justice Act, or

(iii)in the case of an organization, to a fine in an amount that is in the discretion of the court; or

(b)is guilty of an offence punishable on summary conviction and is liable

(i)in the case of an individual who is 18 years of age or older who contravenes any of subparagraphs (1)‍(a)‍(i), (iii) and (iv) and (c)‍(i) and (ii) — or subsection (2) other than by possessing cannabis for the purpose of distributing it contrary to subparagraph (1)‍(a)‍(ii) — to a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both,

(ii)in the case of an individual who is 18 years of age or older who contravenes subparagraph (1)‍(a)‍(ii) — or subsection (2) if the possession was for the purpose of distribution contrary to subparagraph (1)‍(a)‍(ii) — to a fine of not more than $15,000 or imprisonment for a term of not more than 18 months, or to both,

(iii)in the case of a young person, to a youth sentence under the Youth Criminal Justice Act, or

(iv)in the case of an organization, to a fine of not more than $100,000.

Selling

10(1)Unless authorized under this Act, it is prohibited to sell cannabis, or any substance represented or held out to be cannabis, to

(a)an individual who is 18 years of age or older;

(b)an individual who is under 18 years of age; or

(c)an organization.

Possession for purpose of selling

(2)Unless authorized under this Act, it is prohibited to possess cannabis for the purpose of selling it contrary to any of paragraphs (1)‍(a) to (c).

Defence — paragraph (1)‍(b)

(3)It is not a defence to a charge arising out of the contravention of paragraph (1)‍(b) that the accused believed that the individual referred to in that paragraph was 18 years of age or older, unless the accused took reasonable steps to ascertain the individual’s age.

Defence — subsection (2)

(4)It is not a defence to a charge arising out of the contravention of subsection (2) of possessing cannabis for the purpose of selling it contrary to paragraph (1)‍(b) that the accused believed that the individual referred to in that paragraph was 18 years of age or older, unless the accused took reasonable steps to ascertain the individual’s age.

Punishment

(5)Subject to section 51, every person that contravenes any of paragraphs (1)‍(a) to (c) or subsection (2)

(a)is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; or

(b)is guilty of an offence punishable on summary conviction and is liable

(i)in the case of an individual who contravenes paragraph (1)‍(a) or (c) — or subsection (2) other than by possessing cannabis for the purpose of selling it contrary to paragraph (1)‍(b) — to a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both,

(ii)in the case of an individual who contravenes paragraph (1)‍(b) — or subsection (2) if the possession was for the purpose of selling contrary to paragraph (1)‍(b) — to a fine of not more than $15,000 or imprisonment for a term of not more than 18 months, or to both, or

(iii)in the case of an organization, to a fine of not more than $100,000.

Importing and exporting

11(1)Unless authorized under this Act, the importation or exportation of cannabis is prohibited.

Possession for purpose of exporting

(2)Unless authorized under this Act, it is prohibited to possess cannabis for the purpose of exporting it.

Punishment

(3)Every person that contravenes subsection (1) or (2)

(a)is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; or

(b)is guilty of an offence punishable on summary conviction and is liable

(i)in the case of an individual, to a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both, or

(ii)in the case of an organization, to a fine of not more than $300,000.

Production

12(1)Unless authorized under this Act, it is prohibited

(a)to obtain or offer to obtain cannabis by any method or process, including by manufacturing, by synthesis or by using any means of altering the chemical or physical properties of cannabis; or

(b)to alter or offer to alter the chemical or physical properties of cannabis by the use of an organic solvent.

Authorized alteration

(2)An individual may alter the chemical or physical properties of any cannabis that they are not prohibited by this Act from possessing.

Definition of organic solvent

(3)In paragraph (1)‍(b), organic solvent means any organic compound that is explosive or highly or extremely flammable, including petroleum naphtha and compressed liquid hydrocarbons such as butane, isobutane, propane and propylene.

Cultivation, propagation and harvesting — 18 years of age or older

(4)Unless authorized under this Act, it is prohibited for an individual who is 18 years of age or older to cultivate, propagate or harvest, or to offer to cultivate, propagate or harvest,

(a)a cannabis plant that is from a seed or plant material that they know is illicit cannabis; or

(b)more than four cannabis plants at any one time in their dwelling-house.

Cultivation, propagation and harvesting — dwelling-house limit

(5)Unless authorized under this Act, if two or more individuals who are 18 years of age or older are ordinarily resident in the same dwelling-house, it is prohibited for any of those individuals to cultivate, propagate or harvest any cannabis plants if doing so results in there being more than four such plants being cultivated, propagated or harvested at any one time in the dwelling-house.

Cultivation, propagation and harvesting — 18 years of age or older — without authorization

(6)Unless authorized under this Act, it is prohibited for an individual who is 18 years of age or older

(a)to cultivate, propagate or harvest any cannabis plant at a place that is not their dwelling-house or to offer to do so; or

(b)to cultivate, propagate or harvest any living thing, other than a cannabis plant, from which cannabis may be extracted or otherwise obtained, or to offer to do so.

Cultivation, propagation and harvesting — young persons and organizations

(7)Unless authorized under this Act, it is prohibited for a young person or an organization to cultivate, propagate or harvest any cannabis plant or any other living thing from which cannabis may be extracted or otherwise obtained, or to offer to do any of those things.

Definition of dwelling-house

(8)For the purposes of this section, dwelling-house, in respect of an individual, means the dwelling-house where the individual is ordinarily resident and includes

(a)any land that is subjacent to it and the immediately contiguous land that is attributable to it, including a yard, garden or any similar land; and

(b)any building or structure on any land referred to in paragraph (a).

Punishment

(9)Subject to section 51, every individual who is 18 years of age or older who contravenes any of subsections (1), (4), (5) and (6) or any organization that contravenes subsection (1) or (7)

(a)is guilty of an indictable offence and is liable to a term of imprisonment of not more than 14 years; or

(b)is guilty of an offence punishable on summary conviction and is liable

(i)in the case of an individual, to a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both, or

(ii)in the case of an organization, to a fine of not more than $100,000.

Punishment — young person

(10)Every young person who contravenes subsection (1) or (7) is guilty of an indictable offence, or an offence punishable on summary conviction, and is liable to a youth sentence under the Youth Criminal Justice Act.

Possession, etc.‍, for use in production or distribution of illicit cannabis

13(1)It is prohibited to possess, produce, sell, distribute or import anything with the intention that it will be used to produce, sell or distribute illicit cannabis.

Punishment

(2)Every person that contravenes subsection (1)

(a)is guilty of an indictable offence and is liable to imprisonment for a term of not more than seven years; or

(b)is guilty of an offence punishable on summary conviction and is liable

(i)in the case of an individual, to a fine of not more than $5,000 or imprisonment for a term of not more than six months, or to both, or

(ii)in the case of an organization, to a fine of not more than $100,000.

Use of young person

14(1)It is prohibited to use the services of, or to involve, a young person in the commission of an offence under subsection 9(1) or (2), 10(1) or (2), 11(1) or (2), 12(1), (4), (5), (6) or (7) or 13(1).

Punishment

(2)Every person that contravenes subsection (1)

(a)is guilty of an indictable offence and is liable to imprisonment for a term of not more than 14 years; or

(b)is guilty of an offence punishable on summary conviction and is liable

(i)in the case of an individual, to a fine of not more than $15,000 or imprisonment for a term of not more than 18 months, or to both, or

(ii)in the case of an organization, to a fine of not more than $100,000.

Sentencing

15(1)Without restricting the generality of the Criminal Code, the fundamental purpose of any sentence for an offence under this Division is to contribute to the respect for the law and the maintenance of a just, peaceful and safe society while encouraging rehabilitation, and treatment in appropriate circumstances, of offenders and acknowledging the harm done to victims and to the community.

Factors to take into consideration

(2)If an individual is convicted of a designated offence, the court imposing sentence on the individual must consider any relevant aggravating factors, including that the individual

(a)in relation to the commission of the offence,

(i)carried, used or threatened to use a weapon,

(ii)used or threatened to use violence, or

(iii)sold or distributed cannabis or possessed it for the purpose of sale or distribution, in or near a school, on or near school grounds or in or near any other public place usually frequented by young persons; and

(b)was previously convicted of a designated offence, as defined in subsection 2(1) of this Act, or a designated substance offence, as defined in subsection 2(1) of the Controlled Drugs and Substances Act.

Reasons

(3)If, in the case of an individual who is convicted of a designated offence, the court is satisfied of the existence of one or more of the aggravating factors enumerated in paragraphs (2)‍(a) and (b), but decides not to sentence the individual to imprisonment, the court must give reasons for that decision.

Drug treatment court program

(4)A court sentencing an individual who is convicted of an offence under this Division may delay sentencing to enable the individual

(a)to participate in a drug treatment court program approved by the Attorney General; or

(b)to attend a treatment program under subsection 720(2) of the Criminal Code.

DIVISION 2

Other Prohibitions

SUBDIVISION A

Promotion

Non-application

16Subject to the regulations, this Subdivision does not apply

(a)to a literary, dramatic, musical, cinematographic, scientific, educational or artistic work, production or performance that uses or depicts cannabis, a cannabis accessory or a service related to cannabis, or a brand element of any of those things, whatever the mode or form of its expression, if no consideration is given, directly or indirectly, for that use or depiction in the work, production or performance;

(b)to a report, commentary or opinion in respect of cannabis, a cannabis accessory or a service related to cannabis or a brand element of any of those things, if no consideration is given, directly or indirectly, for the reference to the cannabis, cannabis accessory, service or brand element in that report, commentary or opinion;

(c)to a promotion, by a person that is authorized to produce, sell or distribute cannabis, that is directed at any person that is authorized to produce, sell or distribute cannabis, but not, either directly or indirectly, at consumers; or

(d)to a promotion, by a person that sells or distributes cannabis accessories or that provides a service related to cannabis, that is directed at any person that sells or distributes cannabis accessories, at any person that is authorized to produce, sell or distribute cannabis, but not, either directly or indirectly, at consumers.

Promotion

17(1)Unless authorized under this Act, it is prohibited to promote cannabis or a cannabis accessory or any service related to cannabis, including

(a)by communicating information about its price or distribution;

(b)by doing so in a manner that there are reasonable grounds to believe could be appealing to young persons;

(c)by means of a testimonial or endorsement, however displayed or communicated;

(d)by means of the depiction of a person, character or animal, whether real or fictional; or

(e)by presenting it or any of its brand elements in a manner that associates it or the brand element with, or evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.

Exception — informational promotion — cannabis

(2)Subject to the regulations, a person that is authorized to produce, sell or distribute cannabis may promote cannabis by means of informational promotion or brand-preference promotion if the promotion is

(a)in a communication that is addressed and sent to an individual who is 18 years of age or older and is identified by name;

(b)in a place where young persons are not permitted by law;

(c)communicated by means of a telecommunication, where the person responsible for the content of the promotion has taken reasonable steps to ensure that the promotion cannot be accessed by a young person;

(3)Subject to the regulations, a person may promote a cannabis accessory or a service related to cannabis by means of informational promotion or brand-preference promotion if the promotion is

(a)in a communication that is addressed and sent to an individual who is 18 years of age or older and is identified by name;

(b)in a place where young persons are not permitted by law;

(c)communicated by means of a telecommunication, where the person responsible for the content of the promotion has taken reasonable steps to ensure that the promotion cannot be accessed by a young person;

(d)in a prescribed place; or

(e)done in a prescribed manner.

Exception — point of sale — cannabis

(4)Subject to the regulations, a person that is authorized to sell cannabis may promote it at the point of sale if the promotion indicates only its availability, its price or its availability and price.

Exception — point of sale — cannabis accessory and services

(5)Subject to the regulations, a person that sells a cannabis accessory or provides a service related to cannabis may promote it at the point of sale if the promotion indicates only its availability, its price or its availability and price.

Exception — brand element on other things

(6)Subject to the regulations, a person may promote cannabis, a cannabis accessory or a service related to cannabis by displaying a brand element of cannabis, of a cannabis accessory or of a service related to cannabis on a thing that is not cannabis or a cannabis accessory, other than

(a)a thing that is associated with young persons;

(b)a thing that there are reasonable grounds to believe could be appealing to young persons; or

(c)a thing that is associated with a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring.

False promotion — cannabis

18(1)It is prohibited to promote cannabis in a manner that is false, misleading or deceptive or that is likely to create an erroneous impression about its characteristics, value, quantity, composition, strength, concentration, potency, purity, quality, merit, safety, health effects or health risks.

False promotion — cannabis accessory

(2)It is prohibited to promote a cannabis accessory in a manner that is false, misleading or deceptive or that is likely to create an erroneous impression about its design, construction, performance, intended use, characteristics, value, composition, merit, safety, health effects or health risks.

Use of certain terms, etc.

19It is prohibited to use any term, expression, logo, symbol or illustration specified in regulations made under paragraph 139(1)‍(z.‍1) in the promotion of cannabis, a cannabis accessory or a service related to cannabis.

Promotion using foreign media

20It is prohibited to promote, in a way that is prohibited by this Part, cannabis, a cannabis accessory, a service related to cannabis or a brand element of any of those things in a publication that is published outside Canada, a broadcast that originates outside Canada or any other communication that originates outside Canada.

Sponsorship

21It is prohibited to display, refer to or otherwise use any of the following, directly or indirectly in a promotion that is used in the sponsorship of a person, entity, event, activity or facility:

(a)a brand element of cannabis, of a cannabis accessory or of a service related to cannabis; and

(b)the name of a person that

(i)produces, sells or distributes cannabis,

(ii)sells or distributes a cannabis accessory, or

(iii)provides a service related to cannabis.

Name of facility

22It is prohibited to display on a facility, as part of the name of the facility or otherwise, if the facility is used for a sports or cultural event or activity,

(a)a brand element of cannabis, a cannabis accessory or a service related to cannabis; or

(b)the name of a person that

(i)produces, sells or distributes cannabis,

(ii)sells or distributes a cannabis accessory, or

(iii)provides a service related to cannabis.

Publication, etc. of prohibited promotions

23(1)It is prohibited to publish, broadcast or otherwise disseminate, on behalf of another person, with or without consideration, any promotion that is prohibited by any of sections 17 to 22.

Exception

(2)Subsection (1) does not apply

(a)in respect of the distribution for sale of an imported publication;

(b)in respect of broadcasting, as defined in subsection 2(1) of the Broadcasting Act, by a distribution undertaking, as defined in that subsection 2(1), that is lawful under that Act, other than the broadcasting of a promotion that is inserted by the distribution undertaking; and

(c)in respect of a person that disseminates a promotion if they did not know, at the time of the dissemination, that it includes a promotion that is prohibited under any of sections 17 to 22.

Inducements

24(1)Unless authorized under this Act, it is prohibited for a person that sells cannabis or a cannabis accessory

(a)to provide or offer to provide cannabis or a cannabis accessory if it is provided or offered to be provided without monetary consideration or in consideration of the purchase of any thing or service or the provision of any service;

(b)to provide or offer to provide any thing that is not cannabis or a cannabis accessory, including a right to participate in a game, draw, lottery or contest, if it is provided or offered to be provided as an inducement for the purchase of cannabis or a cannabis accessory; or

(c)to provide or offer to provide any service if it is provided or offered to be provided as an inducement for the purchase of cannabis or a cannabis accessory.

Exception — cannabis

(2)Subject to the regulations, subsection (1) does not apply in respect of a person that is authorized to sell cannabis that provides or offers to provide any thing, including cannabis or a cannabis accessory, or service referred to in any of paragraphs (1)‍(a) to (c) to a person that is authorized to produce, sell or distribute cannabis.

Exception — cannabis accessory

(3)Subject to the regulations, subsection (1) does not apply in respect of a person that sells a cannabis accessory that provides or offers to provide any thing, including cannabis or a cannabis accessory, or service referred to in any of paragraphs (1)‍(a) to (c) to a person that is authorized to produce, sell or distribute cannabis.

SUBDIVISION B

Packaging and Labelling

Compliance with regulations

25It is prohibited for a person that is authorized to sell cannabis to sell cannabis that has not been packaged or labelled in accordance with the regulations.

Prohibited packaging and labelling — cannabis

26Unless authorized under this Act, it is prohibited for a person that is authorized to sell cannabis to sell it in a package or with a label

(a)if there are reasonable grounds to believe that the package or label could be appealing to young persons;

(b)that sets out a testimonial or endorsement, however displayed or communicated;

(c)that sets out a depiction of a person, character or animal, whether real or fictional;

(d)that associates the cannabis or one of its brand elements with, or evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring; or

(e)that contains any information that is false, misleading or deceptive or that is likely to create an erroneous impression about the characteristics, value, quantity, composition, strength, concentration, potency, purity, quality, merit, safety, health effects or health risks of the cannabis.

Prohibited packaging and labelling — cannabis accessory

27Unless authorized under this Act, it is prohibited for a person that sells a cannabis accessory to sell it in a package or with a label

(a)if there are reasonable grounds to believe that the package or label could be appealing to young persons;

(b)that sets out a testimonial or an endorsement, however displayed or communicated;

(c)that sets out a depiction of a person, character or animal, whether real or fictional;

(d)that associates the cannabis accessory or one of its brand elements with, or evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring; or

(e)that contains any information that is false, misleading or deceptive or that is likely to create an erroneous impression about the design, construction, performance, intended use, characteristics, value, composition, merit, safety, health effects or health risks of the cannabis accessory.

Use of certain terms, etc.

28Unless authorized under this Act, it is prohibited to use any term, expression, logo, symbol or illustration specified in regulations made under paragraph 139(1)‍(z.‍1) on a package or label of cannabis or a cannabis accessory.

SUBDIVISION C

Display

Display of cannabis

29Unless authorized under this Act, it is prohibited for a person that is authorized to sell cannabis to display it, or any package or label of cannabis, in a manner that may result in the cannabis, package or label being seen by a young person.

Display of cannabis accessory

30Unless authorized under this Act, it is prohibited for a person that sells a cannabis accessory to display it, or any package or label of a cannabis accessory, in a manner that may result in the cannabis accessory, package or label being seen by a young person.

SUBDIVISION D

Selling and Distributing

Appeal to young persons

31Unless authorized under this Act, it is prohibited to sell cannabis or a cannabis accessory that has an appearance, shape or other sensory attribute or a function that there are reasonable grounds to believe could be appealing to young persons.

Selling cannabis accessory to young person

32(1)Unless authorized under this Act, it is prohibited to sell a cannabis accessory to a young person.

Defence

(2)It is not a defence to a charge under subsection (1) that the accused believed that the young person referred to in that subsection was at least 18 years of age, unless the accused took reasonable steps to ascertain the individual’s age.

Prohibited sales

33Unless authorized under this Act, it is prohibited for a person that is authorized to sell cannabis to sell cannabis of any class that is not referred to in Schedule 4.

Prohibited substances

34(1)Unless authorized under this Act, it is prohibited to sell any mixture of substances that contains cannabis and any substance that is referred to in column 1 of Schedule 5.

Non-application of subsection (1)

(2)Subsection (1) does not apply in respect of a mixture of substances that contains a substance that is referred to in column 1 of Schedule 5 and any cannabis of a class of cannabis that is referred to in column 2 of that Schedule in respect of that substance.

Selling or distributing recalled cannabis

35It is prohibited to sell or distribute cannabis that is the subject of a recall order made under section 76.

Self-service display

36Unless authorized under this Act, it is prohibited to sell or distribute cannabis or a cannabis accessory by means of a display that allows for self-service.

Dispensing device

37Unless authorized under this Act, it is prohibited to sell or distribute cannabis or a cannabis accessory by means of a dispensing device.

SUBDIVISION E

Other Prohibitions

Obstructing inspector

38(1)It is prohibited to obstruct, by act or omission, an inspector who is engaged in the exercise of powers or the performance of duties or functions under this Act.

False statements

(2)It is prohibited to knowingly make any false or misleading statement verbally or in writing to an inspector who is engaged in the exercise of powers or the performance of duties or functions under this Act.

Interference

(3)It is prohibited, without the authority of an inspector, to move, alter or interfere with, in any way, anything seized, detained or taken under section 86.

False or misleading statement

39It is prohibited to knowingly make, or participate in, assent to or acquiesce in the making of, a false or misleading statement in any record, report, electronic data or document that is required to be prepared, retained or provided by any person under this Act.

DIVISION 3

Obligations

Compliance with conditions

40The holder of a licence or permit issued under this Act must comply with its conditions.

Suspension

41If a licence or permit issued under this Act is suspended in respect of any or all activities, its holder must cease conducting, for the duration of the suspension, the activities to which the suspension relates.

Public disclosure

42Every person that is authorized under this Act to produce, sell or distribute cannabis must make available to the public, in the prescribed form and manner and within the prescribed time, information about cannabis that is required by the regulations.

Promotion-related information — cannabis

43(1)Every person that is authorized under this Act to produce, sell or distribute cannabis must provide to the Minister, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about any promotion of cannabis that they conduct, including a promotion referred to in paragraph 16(c).

Promotion-related information — cannabis accessories and services

(2)Every person that sells or distributes a cannabis accessory, or that provides a service related to cannabis, must provide to the Minister, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about any promotion of cannabis accessories or their service related to cannabis, as the case may be, that they conduct, including a promotion referred to in paragraph 16(d).

Inducement information

(3)Every person that sells cannabis or cannabis accessories must provide to the Minister, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about any thing, including cannabis or a cannabis accessory, or service referred to in any of paragraphs 24(1)‍(a) to (c) that they provide or offer to provide.

Additional information

(4)The Minister may, subject to the regulations, request that a person that has provided information under any of subsections (1) to (3) provide additional information relating to the information they provided under that subsection, and that person must provide the requested information in the form and manner and within the time specified by the Minister.

DIVISION 4

Miscellaneous

Penalty

44Subject to section 51, every person that contravenes a provision of this Act for which no punishment is otherwise provided by this Act, or that contravenes a provision of a regulation, an order made under any of sections 73 to 76, an order amended under section 79 or an order made under section 82,

(a)is guilty of an indictable offence and is liable to a fine of not more than $5,000,000 or imprisonment for a term of not more than three years, or to both; or

(b)is guilty of an offence punishable on summary conviction and is liable, for a first offence, to a fine of not more than $250,000 or imprisonment for a term of not more than six months, or to both, and, for any subsequent offence, to a fine of not more than $500,000 or imprisonment for a term of not more than 18 months, or to both.

Limitation period

45No summary conviction proceedings in respect of an offence under section 44 may be commenced after the expiry of one year after the day on which the subject-matter of the proceedings arose.

Offences by corporate officers, etc.

46If a person other than an individual commits an offence under section 44, any of the person’s directors, officers or agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to the offence and is liable on conviction to the punishment provided for by this Act, even if the person is not prosecuted for the offence.

Continuing offence

47If an offence under section 44 is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.

Employees or agents or mandataries

48In a prosecution for an offence under section 44, it is sufficient proof of the offence to establish that it was committed by any employee or agent or mandatary of the accused, even if the employee or agent or mandatary is not identified or is not prosecuted for the offence.

Venue

49Proceedings in respect of an offence in relation to a contravention of any provision of this Act or of the regulations, or of an order made under any of sections 73 to 76, an order amended under section 79 or an order made under section 82, may be held in the place where the offence was committed or where the subject-matter of the proceedings arose or in any place where the accused is apprehended or happens to be located.

Reference to exception, exemption, etc.

50(1)No exception, exemption, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information or indictment for an offence under this Act or under section 463,464 or 465 of the Criminal Code in respect of such an offence.

Rebuttal

(2)In any prosecution for an offence under this Act, the prosecutor is not required, except by way of rebuttal, to prove that a certificate, licence, permit, authorization, exemption or qualification does not operate in favour of the accused, whether or not it is referred to in the information or indictment.

PART 2

Ticketable Offences

Procedure

51(1)In addition to the procedures set out in the Criminal Code, proceedings referred to in subsection (2) against an individual who is 18 years of age or older or an organization may be commenced by a peace officer

(a)completing a ticket that consists of a summons portion and an information portion;

(b)in the case of proceedings against an individual, delivering the summons portion of the ticket to the accused;

(c)in the case of proceedings against an organization, sending the summons portion of the ticket, or delivering it, to the organization in accordance with the regulations; and

(d)filing the information portion of the ticket with a court of criminal jurisdiction before or as soon as feasible after the summons portion has been delivered or sent.

Proceedings

(2)The proceedings for the purposes of subsection (1) are the following:

(a)proceedings in respect of an offence arising out of the contravention of paragraph 8(1)‍(a) or (b) or any of subparagraphs 9(1)‍(a)‍(i), (iii) and (iv) in respect of cannabis of one or more classes of cannabis the total amount of which, as determined in accordance with Schedule 3, is equivalent to 50 g or less of dried cannabis;

(b)proceedings against an individual who is 18 years of age or older in respect of an offence arising out of the contravention of paragraph 8(1)‍(e) or subparagraph 9(1)‍(c)‍(ii) in respect of five or six cannabis plants;

(c)proceedings in respect of an offence arising out of the contravention of subsection 9(2) in respect of cannabis of one or more classes of cannabis the total amount of which is, as determined in accordance with Schedule 3, equivalent to 50 g or less of dried cannabis, if its possession was for the purpose of distributing it contrary to any of subparagraphs 9(1)‍(a)‍(i), (iii) and (iv);

(d)proceedings against an individual in respect of an offence arising out of the contravention of paragraph 10(1)‍(a) or (c) in respect of cannabis of one or more classes of cannabis the total amount of which is, as determined in accordance with Schedule 3, equivalent to 50 g or less of dried cannabis;

(e)proceedings against an individual in respect of an offence arising out of the contravention of subsection 10(2) in respect of cannabis of one or more classes of cannabis the total amount of which is, as determined in accordance with Schedule 3, equivalent to 50 g or less of dried cannabis, if its possession was for the purpose of selling it contrary to paragraph 10(1)‍(a) or (c);

(f)proceedings against an individual in respect of an offence arising out of the contravention of paragraph 12(1)‍(a) in respect of cannabis of one or more classes of cannabis the total amount of which is, as determined in accordance with Schedule 3, equivalent to 50 g or less of dried cannabis;

(g)proceedings in respect of an offence arising out of the contravention of paragraph 12(4)‍(b) in respect of five or six cannabis plants;

(h)proceedings in respect of an offence arising out of the contravention of subsection 12(5) in respect of one or two cannabis plants; and

(i)proceedings in respect of an offence arising out of the contravention of section 44 in respect of a contravention of a provision that is specified in regulations made under paragraph 139(1)‍(z.‍6).

Content of ticket

(3)The summons and information portions of the ticket must set out

(a)a description of the offence and the time and place of its alleged commission;

(b)a statement, signed by the peace officer who completes the ticket, that the peace officer has reasonable grounds to believe that the accused committed the offence;

(c)an amount equal to the amount, determined under subsection (4), to be paid for the offence;

(d)the manner in which and period within which the amount is to be paid;

(d.‍1)a lesser amount than the amount determined under subsection (4) that may be paid for the offence if it is paid within a specified period that is shorter than the period referred to in paragraph (d);

(e)a statement that if the accused pays the amount within the period referred to in paragraph (d) or (d.‍1),

(i)a finding of guilt will be entered in the judicial record of the accused and the accused will be deemed to have received an absolute discharge and not to have been convicted of the offence,

(ii)the judicial record of the accused in respect of the offence will not be used for any purpose that would identify the accused as a person dealt with under this Act, and

(iii)if cannabis has been seized in relation to the offence, the cannabis will be forfeited to Her Majesty;

(f)a statement that if the accused wishes to plead not guilty, the accused must appear in the court, at the place, day and time set out in the ticket;

(g)a statement that if the accused pleads not guilty, he or she will be given an opportunity to indicate in which official language he or she wishes to be tried; and

(h)a statement that if the accused does not enter a plea and does not pay the amount within the period referred to in paragraph (d) or (d.‍1)

(i)a conviction will be entered in the judicial record of the accused, and

(ii)if cannabis has been seized in relation to the offence, the cannabis will be forfeited to Her Majesty.

Amount

(4)For the purpose of paragraph (3)‍(c), the amount is

(a)for an offence referred to in any of paragraphs (2)‍(a) to (h), $200 plus a victim surcharge, calculated in accordance with subsection 737(2) of the Criminal Code, and any applicable administrative fees; and

(b)for an offence in respect of a contravention of a provision that is specified in regulations made under paragraph 139(1)‍(z.‍6), the amount specified in those regulations in respect of that offence plus a victim surcharge, calculated in accordance with subsection 737(2) of the Criminal Code, and any applicable administrative fees.

Consequences of payment

52Payment of the amount set out in the ticket by the accused within the period referred to in paragraph 51(3)‍(d) or (d.‍1) constitutes a plea of guilty to the offence described in the ticket and, following the payment,

(a)a finding of guilt is to be entered in the judicial record of the accused and the accused is deemed to have received an absolute discharge and not to have been convicted of the offence;

(b)the judicial record of the accused in relation to the offence must not be used for any purpose that would identify the accused as a person dealt with under this Act; and

(c)if cannabis has been seized in relation to the offence, the cannabis is forfeited to Her Majesty.

Consequences of being convicted

53(1)If an accused pleads not guilty and the accused is convicted of the offence described in the ticket, the accused is liable to a fine of not more than $200, in the case of an offence referred to in any of paragraphs 51(2)‍(a) to (h) or, in the case of an offence in respect of a contravention of a provision specified in regulations made under paragraph 139(1)‍(z.‍6), to a fine of not more than the amount specified in those regulations in respect of that offence.

Non-application of section 731

(1.‍1)If the accused is convicted of the offence, no order is to be made under section 731 of the Criminal Code in respect of that conviction.

Effect of payment

(2)If the accused is convicted of the offence and the accused pays the amount owing in respect of the conviction, the judicial record of the accused in relation to the offence must not be used for any purpose that would identify the accused as a person dealt with under this Act.

Consequences of failing to pay fine

54(1)If an accused fails to pay the amount set out in the ticket within the period referred to in paragraph 51(3)‍(d) or (d.‍1), the accused is liable for that amount and

(a)a conviction is to be entered in the judicial record of the accused;

(b)the conviction is deemed to have been pronounced by a court;

(c)if cannabis has been seized in relation to the offence, the cannabis is forfeited to Her Majesty;

(d)the accused has 60 days after the day of the conviction to pay the amount set out in the ticket; and

(e)the amount set out in the ticket, other than the amount in relation to the applicable fees, is deemed to be the fine imposed by the court.

Effect of payment or imprisonment

(2)If, after being convicted, the accused pays the amount set out in the ticket or, if the accused is an individual, the accused has served, in full, any period of imprisonment imposed as a result of a default in payment of the amount of the fine imposed by the court, the judicial record of the accused in relation to the offence must not be used for any purpose that would identify the accused as a person dealt with under this Act.

Imprisonment

55Only an individual who is unwilling though able to pay a fine or the amount of a victim surcharge imposed in respect of a conviction referred to in subsection 53(1) or a fine imposed in respect of a conviction referred to in section 54 may be imprisoned in default of its payment.

Licences, permits, etc.

55.‍1If the amount to be paid under this Part is owed to Her Majesty in right of Canada, the person responsible, by or under an Act or ordinance of the legislature of a territory, for issuing or renewing a licence, permit or other similar instrument in relation to the offender may refuse to issue or renew or may suspend the licence, permit or other instrument until the fine or fee is paid in full, proof of which lies on the offender.

Exclusion of laying information

56No information under the Criminal Code may be laid in respect of an offence for which a summons portion of a ticket is delivered or sent.

Application of Criminal Code

57Except where otherwise provided by this Part, Part XXVII of the Criminal Code applies to proceedings commenced under this Part.

Election of Attorney General

58(1)If a proceeding in respect of an offence referred to in any of paragraphs 51(2)‍(a) to (j) is commenced by the laying of an information, the Attorney General may elect that the proceeding be dealt with and disposed of as if it had been commenced under section 51.

Notice

(2)If the election is made, the clerk of the court must provide the accused with a notice that sets out

(a)an amount equal to the amount, determined under paragraph 51(4)‍(a) or (b), as the case may be, to be paid for the offence;

(b)the manner in which and period within which the amount is to be paid;

(b.‍1)a lesser amount than the amount determined under paragraph 51(4)‍(a) or (b), as the case may be, that may be paid for the offence if it is paid within a specified period that is shorter than the period referred to in paragraph (b);

(c)a statement that if the accused pays the amount within the period referred to in paragraph (b) or (b.‍1),

(i)a finding of guilt will be entered in the judicial record of the accused and the accused will be deemed to have received an absolute discharge and not to have been convicted of the offence,

(ii)the judicial record of the accused in respect of the offence will not be used for any purpose that would identify the accused as a person dealt with under this Act, and

(iii)if cannabis has been seized in relation to the offence, the cannabis will be forfeited to Her Majesty;

(d)a statement that if the accused wishes to plead not guilty or fails to pay the amount within the period referred to in paragraph (b) or (b.‍1), the accused must appear in the court at the place, day and time set out in the notice; and

(e)a statement that if the accused pleads not guilty, an opportunity will be provided for the accused to indicate in which official language the accused wishes to be tried.

Effect on conditions

(3)All conditions imposed on the accused in an appearance notice, promise to appear, undertaking or recognizance issued, given or entered into in accordance with Part XVI or XXVII of the Criminal Code in relation to the offence cease to have effect when the accused is notified that the Attorney General has made the election.

Deemed ticket

(4)The document and the information laid in respect of the offence are deemed to be a ticket delivered or sent under section 51.

Agreements

59The Attorney General of Canada may enter into an agreement with the government of a province or with any provincial, municipal or local authority or any agent or mandatary of any such authority respecting, in particular, the following matters:

(a)the prosecution of offences commenced under this Part; and

(b)the discharge and enforcement of fines and fees referred to in this Part in respect of offences that are alleged to have been committed in or that are otherwise within the territorial jurisdiction of the courts of the province.

Compensation agreements

60(1)The Attorney General of Canada may enter into an agreement with the government of a province or with any provincial, municipal or local authority

(a)respecting the sharing with that province or authority of the amounts in respect of fines and fees that are collected in respect of the prosecution of offences commenced under this Part, for the purpose of Canada compensating that province or authority, in whole or in part, for the administration and enforcement of this Part; and

(b)despite subsections 17(1) and (4) of the Financial Administration Act, authorizing the government of the province or the authority to withhold amounts, in accordance with the terms and conditions of the agreement, from the fines and fees referred to in paragraph (a) to be remitted to the Receiver General and deposited in the Consolidated Revenue Fund.

Deemed not public money

(2)The fees imposed under the laws of a province in respect of offences under Division 1 of Part 1 are deemed not to be public money for the purposes of the Financial Administration Act.

Appropriation by Parliament

(3)All or a portion of the amount of fines and fees referred to in paragraph (1)‍(a) that are to be shared under an agreement are deemed to be appropriated by Parliament for that purpose.

PART 3

Licences and Permits

Applications for licences and permits

61(1)For the purposes of exercising his or her power under subsection 62(1) to issue or renew licences and permits, the Minister may, by order,

(a)establish classes of applications;

(b)establish conditions, by class of application or otherwise, that must be met before or during the consideration of an application;

(c)establish an order, by class of application or otherwise, for the consideration of applications; and

(d)provide for the disposition of applications, including those made by an applicant subsequent to the applicant’s first application.

No decision

(2)The fact that an application is retained, returned or disposed of without being considered does not constitute a decision in respect of the application.

Clarification — pending applications

(3)For greater certainty, an order made under subsection (1) also applies in respect of applications in respect of which no final decision had been made by the Minister before the making of the order.

Clarification — other powers

(4)Nothing in this section in any way limits the power of the Minister to otherwise determine the most efficient manner in which applications are considered.

Authority to issue, renew and amend

62(1)Subject to orders made under subsection 61(1), the regulations and subsection (2), the Minister may, on application, issue, renew or amend licences and permits that authorize the importation, exportation, production, testing, packaging, labelling, sending, delivery, transportation, sale, possession or disposal of cannabis or any class of cannabis.

Limitation — importation and exportation

(2)Licences and permits authorizing the importation or exportation of cannabis may be issued only in respect of cannabis for medical or scientific purposes or in respect of industrial hemp.

Application

(3)An application for a licence or permit, or for its renewal or amendment, must be filed with the Minister in the form and manner specified by the Minister and set out the information required by the Minister, including financial information and any information required by the regulations.

Financial information

(4)For the purposes of subsection (3), financial information in respect of an organization includes information about its shareholders or members and who controls it, directly or indirectly.

Additional information

(5)The Minister may, on receiving an application, require the submission of any additional information, including financial information, that pertains to the information contained in the application and that is necessary for the Minister to consider the application.

Refusal to consider

(6)The Minister may refuse to consider an application if any information required to be provided under any of subsections (3) to (5) is not provided.

Grounds for refusal

(7)The Minister may refuse to issue, renew or amend a licence or permit if

(a)the issuance, the renewal or the amendment is likely to create a risk to public health or public safety, including the risk of cannabis being diverted to an illicit market or activity;

(b)there are reasonable grounds to believe that false or misleading information or false or falsified documents were submitted in, or in support of, the application;

(c)the applicant has contravened in the past 10 years a provision of this Act, the Controlled Drugs and Substances Act or the Food and Drugs Act or of any regulation made under this Act or any of those Acts;

(d)there are reasonable grounds to believe that the applicant has contravened in the past 10 years

(i)an order made under this Act, the Controlled Drugs and Substances Act or the Food and Drugs Act, or

(ii)a condition of another licence or permit issued to the applicant under this Act or any of those Acts;

(e)the applicant is

(i)a young person,

(ii)an individual who is not ordinarily resident in Canada, or

(iii)an organization that was incorporated, formed or otherwise organized outside Canada;

(f)a security clearance in respect of the application has been refused or cancelled;

(g)the Minister is of the opinion that it is in the public interest to do so; or

(h)any prescribed grounds for refusal exist.

Notice of refusal

(8)If the Minister refuses to issue, renew or amend a licence or permit, he or she must send the applicant a notice in writing that sets out the reasons for the refusal.

Conditions — regulations

(9)Every licence or permit is subject to the conditions set out in regulations made under paragraph 139(1)‍(g).

Conditions — Minister

(10)Subject to the regulations, the Minister may make a licence or permit subject to any conditions that he or she considers appropriate.

Amendment on own initiative

63(1)The Minister may, in accordance with the regulations, on his or her own initiative, amend a licence or permit if he or she is of the opinion that the amendment is necessary to protect public health or public safety, including to prevent cannabis from being diverted to an illicit market or activity.

Notice of proposed amendment

(2)If the Minister proposes to amend a licence or permit on his or her own initiative, he or she must, in accordance with the regulations, send its holder a notice in writing that sets out the reasons for the proposed amendment and give the holder an opportunity to be heard.

Suspension

64(1)Subject to the regulations, the Minister may suspend a licence or permit without prior notice to its holder in respect of any or all authorized activities in relation to any cannabis specified by the Minister if

(a)the Minister has reasonable grounds to believe that the suspension is necessary to protect public health or public safety, including to prevent cannabis from being diverted to an illicit market or activity; or

(b)any prescribed circumstance exists.

Notice of suspension

(2)If a licence or permit is suspended under subsection (1), the suspension takes effect as soon as the Minister provides the holder with a notice in writing of the suspension. The notice must also set out the reasons for the suspension.

Opportunity to be heard

(3)The holder may, within 10 days after receipt of the notice under subsection (2), provide the Minister with reasons why the holder believes the suspension is unfounded.

Reinstatement

(4)The Minister must, by notice to the holder, reinstate a licence or permit in respect of any or all activities or cannabis affected by the suspension if the reasons for the suspension no longer exist or the holder demonstrates to the Minister that the suspension was unfounded.

Revocation

65Subject to the regulations, the Minister may revoke a licence or permit if

(a)there are reasonable grounds to believe that it was issued on the basis of false or misleading information or false or falsified documents submitted in, or in support of, the application;

(b)the holder has, since its issuance, contravened a provision of this Act, the Controlled Drugs and Substances Act or the Food and Drugs Act or of any regulation made under this Act or any of those Acts;

(c)there are reasonable grounds to believe that the holder has, since its issuance, contravened

(i)an order made under this Act, the Controlled Drugs and Substances Act or the Food and Drugs Act, or

(ii)a condition of another licence or permit issued to the holder under this Act or any of those Acts;

(d)information received from a peace officer, a competent authority or an international organization of states or any of its institutions raises reasonable grounds to believe that its holder has been involved in the diversion of cannabis, or of any controlled substance or precursor as those terms are defined in subsection 2(1) of the Controlled Drugs and Substances Act, to an illicit market or activity;

(e)the holder is an individual who has, since its issuance, ceased to be ordinarily resident in Canada;

(f)since the issuance of the licence or permit, a security clearance in respect of the licence or permit has been cancelled;

(g)the Minister is of the opinion that it is in the public interest to revoke it; or

(h)any prescribed circumstance exists.

Notice of proposed revocation

66If the Minister proposes to revoke a licence or permit, he or she must, in accordance with the regulations, send its holder a notice in writing that sets out the reasons for the proposed revocation and give the holder an opportunity to be heard.

Security clearances

67(1)Subject to the regulations, the Minister may grant or refuse to grant a security clearance or suspend or cancel a security clearance.

Security clearance required by Minister

(2)The Minister may specify, by name or position, any person — other than a person specified in the regulations — who must hold a security clearance if the Minister is of the opinion that the person

(a)performs, has performed or is about to perform activities related to a licence or permit that is issued under this Part or that is the subject of an application under this Part; or

(b)has, has had or is about to have custody, management or control of the place where activities related to a licence or permit that is issued under this Part or that is the subject of an application under this Part, are being or will be performed.

Notice

(3)If the Minister specifies that a person must hold a security clearance under subsection (2), the Minister must provide the applicant for, or the holder of, the licence or permit related to that person with a notice to that effect in writing.

Termination of application

68(1)The Minister may, by order, fix a date for the termination of applications of a class of applications for a licence or permit under section 62 and, if he or she does so, every application of that class is terminated at the expiry of that date if a final decision has not been made in respect of that application.

Fees returned

(2)Any fees paid in respect of an application that is terminated under subsection (1) must be returned, without interest, to the person that paid them. The amounts payable may be paid out of the Consolidated Revenue Fund.

No recourse or indemnity

(3)No person has a right of recourse or indemnity against Her Majesty in connection with an application that is terminated under subsection (1).

PART 4

General Authorizations

Provincially authorized selling

69(1)A person may possess, sell or distribute cannabis if the person is authorized to sell cannabis under a provincial Act that contains the legislative measures referred to in subsection (3).

Application

(2)Subsection (1) applies only if the provincial Act and the legislative measures are in force.

Legislative measures

(3)For the purposes of subsection (1), the legislative measures in a provincial Act that authorizes the selling of cannabis are the following in respect of persons authorized to sell cannabis:

(a)they may sell only cannabis that has been produced by a person that is authorized under this Act to produce cannabis for commercial purposes;

(b)they may not sell cannabis to young persons;

(c)they are required to keep appropriate records respecting their activities in relation to cannabis that they possess for commercial purposes; and

(d)they are required to take adequate measures to reduce the risk of cannabis that they possess for commercial purposes being diverted to an illicit market or activity.

Administration and enforcement activities — federal Acts

70(1)Unless the regulations provide otherwise, every individual who obtains cannabis in the course of activities performed in connection with the administration or enforcement of this Act or any other Act of Parliament is authorized to do anything that is prohibited by any provision of Division 1 of Part 1 if they do so in a manner that is consistent with the activities they are authorized to perform.

Administration and enforcement activities — provincial Acts

(2)Every individual who obtains cannabis in the course of activities performed in connection with the administration or enforcement of any provincial Act that authorizes the selling of cannabis is authorized to do anything that is prohibited by any provision of Division 1 of Part 1 if they do so in a manner that is consistent with the activities they are authorized to perform.

Employees — this Act

71(1)Unless the regulations provide otherwise, every employee of a person that is authorized under this Act to possess, sell, distribute or produce cannabis may do anything that is prohibited by any provision of Division 1 of Part 1 if they do so as part of their employment duties and functions and in a manner that is consistent with the conditions that apply to their employer’s authorization.

Agents and mandataries — this Act

(2)Unless the regulations provide otherwise, every person who is acting as the agent or mandatary of a person that is authorized under this Act to possess, sell, distribute or produce cannabis may do anything that is prohibited by any provision of Division 1 of Part 1 if they do so as part of their role as agent or mandatary and in a manner that is consistent with the conditions that apply to their principal’s or mandator’s authorization.

Contractor — this Act

(3)Unless the regulations provide otherwise, every person who is acting under a contract with a person that is authorized under this Act to possess, sell, distribute or produce cannabis — other than an employee or an agent or mandatary of the authorized person — may do anything that is prohibited by any provision of Division 1 of Part 1 if they do so in the performance of their contract and in a manner that is consistent with the conditions that apply to the authorized person’s authorization.

Employees — provincial Acts

72(1)Every employee of a person that is authorized under a provincial Act to sell cannabis may do anything that is prohibited by section 8,9 or 10 if they do so as part of their employment duties and functions and in a manner that is consistent with the conditions that apply to their employer’s authorization.

Agents and mandataries — provincial Acts

(2)Every person who is acting as the agent or mandatary of a person that is authorized under a provincial Act to sell cannabis may do anything that is prohibited by section 8,9 or 10 if they do so as part of their role as agent or mandatary and in a manner that is consistent with the conditions that apply to their principal’s or mandator’s authorization.

Contractor — provincial Acts

(3)Every person who is acting under a contract with a person that is authorized under a provincial Act to sell cannabis — other than an employee or an agent or mandatary of the authorized person — may do anything that is prohibited by section 8,9 or 10 if they do so in the performance of their contract and in a manner that is consistent with the conditions that apply to the authorized person’s authorization.

PART 5

Ministerial Orders

Provision of information

73(1)The Minister may, by order, require a person that is authorized under this Act to conduct any activity in relation to cannabis — or a person that is authorized under a provincial Act to sell cannabis — to provide the Minister with any information that the Minister considers necessary

(a)to address an issue of public health or public safety; or

(b)to verify compliance or prevent non-compliance with the provisions of this Act or of the regulations.

Contents

(2)The order must include a statement of the reasons for the making of the order and specify the information to be provided and the time and manner in which it is to be provided.

Tests and studies

74(1)For the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations or to address an issue of public health or public safety, the Minister may, by order, require a person that is authorized under this Act to conduct any activity in relation to cannabis — or a person that is authorized under a provincial Act to sell cannabis — to

(a)conduct tests or studies on the cannabis to which their activities relate or that they are authorized to sell, as the case may be, in order to obtain the information that the Minister considers necessary; and

(b)provide the Minister with that information and the results of the tests or studies.

Contents

(2)The order must

(a)include a statement of the reasons for the making of the order;

(b)specify the tests or studies that are to be conducted;

(c)specify the information that is to be provided; and

(d)specify the time and manner in which

(i)the tests or studies are to be conducted, and

(ii)the information and the results of the tests or studies are to be provided.

Measures

75(1)The Minister may, by order, require a person that is authorized under this Act to conduct any activity in relation to cannabis — or a person that is authorized under a provincial Act to sell cannabis — to take any measures that the Minister considers necessary

(a)to address an issue of public health or public safety; or

(b)to prevent non-compliance with the provisions of this Act or of the regulations or, if the Minister has reasonable grounds to believe that there is such non-compliance, to remedy it.

Contents

(2)The order must include a statement of the reasons for the making of the order and specify the measures to be taken and the time and manner in which they are to be taken.

Recall

76(1)If the Minister believes on reasonable grounds that a recall of any cannabis or class of cannabis is necessary to protect public health or public safety, he or she may, by order, require a person that sells or distributes that cannabis or class of cannabis to recall it or send it — or cause it to be sent — to a place specified in the order, or to do both those things.

Contents

(2)The order must include a statement of the reasons for the making of the order and specify the time and manner in which the recall is to be carried out.

Recall or measures taken by Minister

77If a person does not comply with an order made under section 75 or 76 or an order amended under section 79 within the time specified in the order, the Minister may, on his or her own initiative and at that person’s expense, carry out the measures required or the recall.

Review officers

78The Minister may designate any qualified individuals or class of qualified individuals as review officers for the purpose of reviewing orders made under section 79.

Request for review

79(1)Subject to any other provision of this section, an order that is made under any of sections 73 to 76 or amended under subsection (10) must be reviewed on the written request of the person to which the order was addressed — but only on grounds that involve questions of fact alone or questions of mixed law and fact — by a review officer other than the individual who amended the order under subsection (10).

Contents of and time for making request

(2)The request must state the grounds for review and set out the evidence that supports those grounds and the decision that is sought. The request must be provided to the Minister within seven days after the day on which the order was provided.

No authority to review

(3)The review is not to be done if the request does not comply with subsection (2) or is frivolous, vexatious or not made in good faith.

Reasons for refusal

(4)If the review is not done, the person that made the request must, without delay, be notified in writing of the reasons.

Review initiated by review officer

(5)A review officer — other than the individual who amended the order under subsection (10) — may review an order made under any of sections 73 to 76, whether or not a request is made under subsection (1).

Order in effect

(6)An order made under any of sections 73 to 76 continues to apply during a review unless the review officer decides otherwise.

Completion of review

(7)A review officer must complete the review no later than the 30th day after the day on which the request is provided to the Minister.

Extension of period for review

(8)The review officer may extend the review period by no more than 30 days if they are of the opinion that more time is required to complete the review. They may extend the review period more than once.

Reasons for extension

(9)If the review period is extended, the person that made the request must, without delay, be notified in writing of the reasons for extending it.

Decision on completion of review

(10)On completion of a review, the review officer must confirm, amend, terminate or cancel the order.

Written notice

(11)The person that made the request or, if there is no request, the person to which the order was addressed must, without delay, be notified in writing of the reasons for the review officer’s decision under subsection (10).

Effect of amendment

(12)An order that is amended is subject to review under this section.

Statutory Instruments Act

80An order made under any of sections 73 to 76 is not a statutory instrument within the meaning of subsection 2(1) of the Statutory Instruments Act.

PART 6

Cannabis Tracking System

Establishment and maintenance

81The Minister may, using the information collected under section 82 and any other information to which the Minister has access, establish and maintain a national cannabis tracking system to

(a)enable the tracking of cannabis;

(b)prevent cannabis from being diverted to an illicit market or activity; and

(c)prevent illicit cannabis from being a source of supply of cannabis in the legal market.

Order requiring information

82(1)For the purpose of section 81, the Minister may, by order, require a class of persons that are authorized to import, export, produce, test, package, label, send, deliver, transport, sell, or dispose of cannabis to provide the Minister with information respecting their activities in relation to cannabis.

Contents

(2)The order must specify the information to be provided and the time within and the form and manner in which it is to be provided and may specify the following:

(a)the manner in which and the place where the records, reports, electronic data or other documents containing the information — and any information on which the information is based — are to be retained;

(b)the period for which the records, reports, electronic data or other documents referred to in paragraph (a) are to be retained, which must not be more than three years from the date the information is provided to the Minister; and

(c)the manner in which calculations, measurements and other data on which the information is based are to be documented.

Restriction

(3)An order under subsection (1) may not require the provision of any personal information, as defined in section 3 of the Privacy Act, in respect of a consumer that purchases cannabis at the retail level.

Extension of time

(4)The Minister may, by order, on written request from a person that is subject to an order made under subsection (1), extend the time within which the person must comply with the order made under subsection (1). If the order under this subsection is granted, the original time in the order made under subsection (1) is deemed to be replaced, in relation to that person, by the new time.

Deeming

(5)If an order is made under subsection (4) after a person has failed to provide information in the time provided for in the order made under subsection (1), the person is deemed not to have failed to provide the information within the required time.

Statutory Instruments Act

(6)An order made under subsection (4) is not a statutory instrument within the meaning of subsection 2(1) of the Statutory Instruments Act.

Disclosure of information

83The Minister may disclose any information contained in the national cannabis tracking system as follows:

(a)he or she may disclose it to the government of a province or a public body established under a provincial Act if the disclosure is for a purpose related to verifying compliance or preventing non-compliance with the provisions of a provincial Act that contains the legislative measures referred to in subsection 69(3);

(b)he or she may disclose it to any federal Minister if the disclosure is for a purpose related to verifying compliance or preventing non-compliance with the provisions of any Act of Parliament, other than this Act, that applies directly or indirectly to cannabis or any activity in relation to cannabis;

(c)he or she may disclose it if he or she has reasonable grounds to believe that the disclosure is necessary to protect public health or public safety, including to prevent cannabis from being diverted to an illicit market or activity;

(d)he or she may disclose it if the disclosure is necessary to enable Canada to fulfil its international obligations;

(e)he or she may disclose it to any prescribed person; or

(f)he or she may disclose it in the prescribed circumstances.

PART 7

Inspections

Designation of inspectors

84(1)For the purposes of the administration and enforcement of this Act, the Minister may designate any individuals or class of individuals as inspectors to exercise powers or perform duties or functions in relation to any matter referred to in the designation.

Certificate of designation

(2)Each inspector must be provided with a certificate of designation in a form established by the Minister and, when entering any place under subsection 86(1), must, on request, produce the certificate to the person in charge of the place.

Provision of documents, information or samples

85(1)An inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations, order a person that is authorized under this Act to conduct any activity in relation to cannabis to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector.

Duty to provide

(2)A person that is ordered by an inspector to provide a document, information or a sample must do so on the date, at the time and place and in the manner specified by the inspector.

Power to enter

86(1)Subject to subsection (7), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations, enter any place, including a conveyance, in which they believe on reasonable grounds

(a)an activity that may be regulated under this Act is being conducted;

(b)any record, report, electronic data or other document relating to the administration of this Act or the regulations is located;

(c)any record, report, electronic data or other document relating to the promotion of cannabis, a cannabis accessory or a service related to cannabis is located;

(d)an activity could be conducted under a licence, permit, authorization or exemption that is under consideration by the Minister; or

(e)an activity was being conducted under a licence, permit, authorization or exemption before the expiry or revocation of the licence, permit, authorization or exemption, in which case the inspector may enter the place only within 45 days after the day on which it expired or was revoked.

Other powers

(2)The inspector may in the place entered under subsection (1)

(a)open and examine any receptacle or package found in the place;

(b)examine anything found in the place that is used or may be capable of being used for the production, preservation, packaging, labelling or storage of cannabis;

(c)examine any record, report, electronic data or other document, or any label or promotional material, found in the place with respect to cannabis, other than the records of the medical condition of individuals, and make copies of them or take extracts from them;

(d)use or cause to be used any computer system at the place to examine any electronic data referred to in paragraph (c);

(e)reproduce any document from any electronic data referred to in paragraph (c), or cause it to be reproduced, in the form of a printout or other output;

(f)take the record, report or other document, or the label or promotional material, referred to in paragraph (c) or the printout or other output referred to in paragraph (e) for examination or copying;

(g)use or cause to be used any copying equipment at the place to make copies of any document;

(h)take photographs and make recordings and sketches;

(i)examine any substance found in the place and take, for the purpose of analysis, any samples of it;

(j)seize and detain in accordance with this Part, cannabis or any other thing found in the place that the inspector believes on reasonable grounds is something in relation to which the Act was contravened or is something the seizure and detention of which is necessary to prevent non-compliance with the provisions of this Act or of the regulations;

(k)order the owner or person having possession of cannabis or any other thing to which the provisions of this Act or of the regulations apply that is found in that place to move it or, for any time that may be necessary, not to move it or to restrict its movement;

(l)order the owner or person having possession of any conveyance that is found in the place and that the inspector believes on reasonable grounds contains cannabis to stop the conveyance, to move it or, for any time that may be necessary, not to move it or to restrict its movement;

(m)order any person in that place to establish their identity to the inspector’s satisfaction; and

(n)order a person that, at that place, conducts an activity to which the provisions of this Act or of the regulations apply to stop or start the activity.

Means of telecommunication

(3)For the purposes of subsection (1), the inspector is considered to have entered a place when accessing it remotely by a means of telecommunication.

Limitation — access by means of telecommunication

(4)An inspector who enters remotely, by a means of telecommunication, a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and must be remotely in the place for no longer than for the period necessary for the purpose referred to in subsection (1).

Individual accompanying inspector

(5)The inspector may be accompanied by any other individual that the inspector believes is necessary to help them exercise their powers or perform their duties or functions under this section.

Entering private property

(6)The inspector and any individual accompanying them may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1). For greater certainty, they are not liable for doing so.

Warrant required to enter dwelling-house

(7)In the case of a dwelling-house, an inspector may enter it only with the consent of an occupant or under the authority of a warrant issued under subsection (8).

Authority to issue warrant

(8)A justice may, on ex parte application, issue a warrant authorizing the inspector named in it to enter a place and exercise any of the powers mentioned in paragraphs (2)‍(a) to (n), subject to any conditions that are specified in the warrant, if the justice is satisfied by information on oath that

(a)the place is a dwelling-house but otherwise meets the conditions for entry described in subsection (1);

(b)entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or of the regulations; and

(c)entry to the dwelling-house has been refused or there are reasonable grounds to believe that entry will be refused.

Use of force

(9)In executing a warrant issued under subsection (8), an inspector must not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.

Telewarrant

(10)If an inspector believes that it would not be practical to appear personally to make an application for a warrant under subsection (8), a warrant may be issued by telephone or other means of telecommunication on information on oath submitted by telephone or other means of telecommunication and section 487.‍1 of the Criminal Code applies for that purpose with any necessary modifications.

Assistance to inspector

(11)The owner or other person in charge of a place entered by an inspector under subsection (1) and every individual found there must give the inspector all reasonable assistance in their power and provide the inspector with any information that the inspector may reasonably require.

Storage and notice

(12)An inspector who seizes a thing under this section may

(a)on notice to and at the expense of its owner or the person having possession of it at the time of its seizure, store it or move it to another place; or

(b)order its owner or the person having possession of it at the time of its seizure to, at their expense, store it or move it to another place.

Return by inspector

(13)If an inspector determines that to verify compliance or prevent non-compliance with the provisions of this Act or of the regulations it is no longer necessary to detain anything seized by the inspector under this section, the inspector must notify in writing the owner or other person in charge of the place where the seizure occurred of that determination and, on being issued a receipt for it, must return the thing to that person.

Return or disposition by Minister

(14)If a period of 120 days has elapsed after the date of a seizure under this section and the thing has not been returned, disposed of or otherwise dealt with in accordance with subsection (13) or any of sections 103 to 107, it must be returned, disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

PART 8

Search Warrant

Information for search warrant

87(1)A justice who, on ex parte application, is satisfied by information on oath that there are reasonable grounds to believe that any of the following is in a place may, at any time, issue a warrant authorizing a peace officer, at any time, to search the place for it and to seize it:

(a)cannabis in respect of which this Act has been contravened;

(b)anything in which cannabis in respect of which this Act has been contravened is contained or concealed;

(c)offence-related property; or

(d)anything that will afford evidence in respect of an offence under this Act or an offence, in whole or in part, in relation to a contravention of this Act, under section 354 or 462.‍31 of the Criminal Code.

Application of section 487.‍1 of the Criminal Code

(2)For the purposes of subsection (1), the information may be submitted by telephone or other means of telecommunication in accordance with section 487.‍1 of the Criminal Code, with any necessary modifications.

Execution in another province

(3)A justice may, if a place referred to in subsection (1) is in a province other than that in which the justice has jurisdiction, issue the warrant and it may be executed in the other province after it has been endorsed by a justice having jurisdiction in the other province.

Effect of endorsement

(4)An endorsement made on a warrant under subsection (3) is sufficient authority to any peace officer to whom it was originally directed and to all peace officers within the jurisdiction of the justice by whom it is endorsed to execute the warrant and to dispose of or otherwise deal with the things seized in accordance with the law.

Search of person and seizure

(5)If a peace officer who executes a warrant issued under subsection (1) has reasonable grounds to believe that any individual found in the place referred to in the warrant has on them any cannabis, property or thing referred to in the warrant, the peace officer may search the individual for it and seize it.

Seizure of other things

(6)A peace officer who executes a warrant issued under subsection (1) may seize, in addition to any cannabis, property or thing referred to in the warrant,

(a)any cannabis in respect of which the peace officer believes on reasonable grounds that this Act has been contravened;

(b)anything that the peace officer believes on reasonable grounds contains or conceals cannabis;

(c)anything that the peace officer believes on reasonable grounds is offence-related property; or

(d)anything that the peace officer believes on reasonable grounds will afford evidence in respect of an offence under this Act.

Where warrant not necessary

(7)A peace officer may exercise any of the powers described in subsection (1), (5) or (6) without a warrant if the conditions for obtaining a warrant exist but by reason of exigent circumstances it would be impracticable to obtain one.

Seizure of additional things

(8)A peace officer who executes a warrant issued under subsection (1) or exercises powers under subsection (5) or (7) may seize, in addition to any cannabis, property or thing referred to in the warrant and in subsection (6), anything that the peace officer believes on reasonable grounds has been obtained by or used in the commission of an offence or that will afford evidence in respect of an offence.

Assistance and use of force

88For the purpose of exercising any of the powers described in section 87, a peace officer may

(a)enlist the assistance that the officer considers necessary; and

(b)use as much force as is necessary in the circumstances.

PART 9

Disposition of Seized Things

Report to Minister

Report of seizure, etc.

89(1)Subject to the regulations, every peace officer, inspector or prescribed person that seizes, finds or otherwise acquires cannabis in the course of the administration or enforcement of this Act or any other Act of Parliament must, within 30 days after doing so, cause a report to be sent to the Minister setting out

(a)a description of the cannabis;

(b)the amount that was seized, found or otherwise acquired;

(c)the place where it was seized, found or otherwise acquired;

(d)the date on which it was seized, found or otherwise acquired;

(e)the name of the police force, agency or entity to which the peace officer, inspector or prescribed person belongs;

(f)the number of the file or police report related to the seizure, finding or acquisition; and

(g)any other prescribed information.

Copy to justice

(2)In the case of a seizure made under section 87 of this Act, the Criminal Code or a power of seizure at common law, the individual who caused the report to be sent to the Minister must also, within 30 days after the seizure, cause a copy of the report to be filed with the justice who issued the warrant or another justice for the same territorial division or, if a warrant was not issued, a justice who would have had jurisdiction to issue a warrant.

Application

Sections 489.‍1 and 490 of Criminal Code applicable

90(1)Subject to subsections (2) and (3), sections 489.‍1 and 490 of the Criminal Code apply to anything seized under this Act.

(2)If a thing seized under this Act is non-chemical offence-related property, sections 489.‍1 and 490 of the Criminal Code apply, subject to subsections 86(12) to (14) and sections 94 to 101 of this Act.

Provisions of this Act and the regulations applicable

(3)The provisions of this Act and of the regulations apply in respect of

(a)any cannabis or chemical offence-related property that is seized under this Act or any other Act of Parliament or under a power of seizure at common law; and

(b)any chemical or thing that is referred to in paragraph (b) or (c) of the definition chemical property in subsection 2(1) and that is seized under this Act.

Recognizance

(4)If, under this section, an order is made under paragraph 490(9)‍(c) of the Criminal Code for the return of any non-chemical offence-related property seized under this Act, the judge or justice making the order may require the applicant for the order to enter into a recognizance before the judge or justice, with or without sureties, in the amount and with the conditions, if any, that the judge or justice directs and, if the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice the sum of money or other valuable security that the judge or justice directs.

Division 1

Non-chemical Offence-related Property

Restraint Orders

Application for restraint order

91(1)The Attorney General may make an application in accordance with this section for a restraint order under this section in respect of any non-chemical offence-related property.

Procedure

(2)The application may be made ex parte and it must be made in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or any other person deposing to the following matters:

(a)the offence to which the property relates;

(b)the person that is believed to be in possession of the property; and

(c)a description of the property.

Restraint order

(3)The judge to whom the application is made may, if satisfied that there are reasonable grounds to believe that the property is non-chemical offence-related property, make a restraint order prohibiting any person from disposing of or otherwise dealing with any interest in or right to the property specified in the order, other than in the manner that is specified in the order.

Property outside Canada

(4)A restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

Conditions

(5)The restraint order may be subject to any reasonable conditions that the judge thinks fit.

Order in writing

(6)The restraint order must be in writing.

Service

(7)A copy of the restraint order must be served on the person to which the order is addressed in the manner that the judge making it directs or in accordance with the rules of the court.

Registration

(8)A copy of the restraint order must be registered against any property in accordance with the laws of the province in which the property is situated.

Order continues in force

(9)The restraint order remains in effect until

(a)an order is made under subsection 97(3) or 98(3) of this Act or subsection 490(9) or (11) of the Criminal Code in relation to the property; or

(b)an order of forfeiture of the property is made under subsection 94(1) or 95(2) of this Act or section 490 of the Criminal Code.

Offence

(10)Any person on which a restraint order is served in accordance with this section and that, while the order is in force, fails to comply with the order is guilty of an indictable offence or an offence punishable on summary conviction.

Sections 489.‍1 and 490 of Criminal Code applicable

92(1)Subject to sections 94 to 101 of this Act, sections 489.‍1 and 490 of the Criminal Code apply, with any necessary modifications, to any property that is the subject-matter of a restraint order made under section 91.

Recognizance

(2)If, under this section, an order is made under paragraph 490(9)‍(c) of the Criminal Code for the return of any property that is the subject-matter of a restraint order made under section 91, the judge or justice making the order may require the applicant for the order to enter into a recognizance before the judge or justice, with or without sureties, in the amount and with the conditions, if any, that the judge or justice directs and, if the judge or justice considers it appropriate, require the applicant to deposit with the judge or justice the sum of money or other valuable security that the judge or justice directs.

Management Orders

Management order

93(1)On application of the Attorney General or of any other person with the written consent of the Attorney General, a justice in the case of non-chemical offence-related property seized under section 87 of this Act, the Criminal Code or a power of seizure at common law, or a judge in the case of property restrained under section 91, may, if he or she is of the opinion that the circumstances so require,

(a)appoint a person to take control of and to manage or otherwise deal with all or part of the property in accordance with the directions of the judge or justice; and

(b)require any person having possession of that property to give possession of the property to the person appointed under paragraph (a).

Appointment of Minister of Public Works and Government Services

(2)If the Attorney General of Canada so requests, a judge or justice appointing a person under subsection (1) must appoint the Minister of Public Works and Government Services.

Power to manage

(3)The power to manage or otherwise deal with property under subsection (1) includes

(a)the power to make an interlocutory sale of perishable or rapidly depreciating property;

(b)the power to destroy, in accordance with subsections (4) to (7), property that has little or no value; and

(c)the power to have property — other than real property or immovables or a conveyance — forfeited to Her Majesty in accordance with subsection (8).

Application for destruction order

(4)Before a person that is appointed to manage property destroys property that has little or no value, they must apply to a court for a destruction order.

Notice

(5)Before making a destruction order, a court must require notice in accordance with subsection (6) to be given to, and may hear, any person that, in the opinion of the court, appears to have a valid interest in or right to the property.

Manner of giving notice

(6)The notice must

(a)be given in the manner that the court directs or that may be specified in the rules of the court; and

(b)specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court.

Destruction order

(7)A court must order that the property be destroyed if it is satisfied that the property has little or no financial or other value.

Forfeiture order

(8)On application by a person that is appointed to manage the property, a court must order that the property — other than real property or immovables or a conveyance — be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the law if

(a)a notice is given or published in the manner that the court directs or that may be specified in the rules of the court;

(b)the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in or right to the property; and

(c)during that period, no one makes such an application.

For greater certainty

(9)For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale.

Application to vary conditions

(10)The Attorney General may at any time apply to the judge or justice to cancel or vary any condition to which a management order is subject but may not apply to vary an appointment made under subsection (2).

When management order ceases to have effect

(11)A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty.

Forfeiture

Forfeiture order

94(1)Subject to sections 96 to 98, if a person is convicted or discharged under section 730 of the Criminal Code of a designated offence and, on application of the Attorney General, the court is satisfied, on a balance of probabilities, that non-chemical offence-related property is related to the commission of the offence, the court must

(a)if the prosecution of the offence was commenced at the instance of the government of a province and conducted by or on behalf of that government, order that the property be forfeited to Her Majesty in right of that province and disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and

(b)in any other case, order that the property be forfeited to Her Majesty in right of Canada and disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council for the purposes of this paragraph.

Property related to other offences

(2)Subject to sections 96 to 98, if the evidence does not establish to the satisfaction of the court that property in respect of which an order of forfeiture would otherwise be made under subsection (1) is related to the commission of the designated offence of which a person is convicted or discharged, but the court is satisfied, beyond a reasonable doubt, that the property is non-chemical offence-related property, the court may make an order of forfeiture under subsection (1) in relation to that property.

Property outside Canada

(3)An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

Appeal

(4)A person that has been convicted or discharged of a designated offence, or the Attorney General, may appeal to the court of appeal from an order or a failure to make an order under subsection (1) as if the appeal were an appeal against the sentence imposed on the person in respect of the offence.

Application for in rem forfeiture

95(1)If an information has been laid in respect of a designated offence, the Attorney General may make an application to a judge for an order of forfeiture under subsection (2).

Order of forfeiture

(2)Subject to sections 96 to 98, the judge to whom the application is made must order the property to be forfeited and disposed of in accordance with subsection (4)

(a)if the judge is satisfied beyond a reasonable doubt that any property is non-chemical offence-related property;

(b)if the judge is satisfied that proceedings were commenced in respect of a designated offence to which the property referred to in paragraph (a) is related; and

(c)if the judge is satisfied that the accused charged with the designated offence has died or absconded.

Accused deemed absconded

(3)For the purposes of subsection (2), an accused is deemed to have absconded in connection with a designated offence if

(a)an information has been laid alleging the commission of the offence by the accused;

(b)a warrant for the arrest of the accused has been issued in relation to that information; and

(c)reasonable attempts to arrest the accused under the warrant have been unsuccessful during a period of six months beginning on the day on which the warrant was issued.

An accused who is deemed under this subsection to have absconded in connection with a designated offence is deemed to have done so on the last day of the six-month period referred to in paragraph (c).

Who may dispose of forfeited property

(4)For the purposes of subsection (2), the judge must

(a)if the proceedings referred to in paragraph (2)‍(b) were commenced at the instance of the government of a province, order that the property be forfeited to Her Majesty in right of that province and disposed of or otherwise dealt with in accordance with the law by the Attorney General or Solicitor General of that province; and

(b)in any other case, order that the property be forfeited to Her Majesty in right of Canada and disposed of or otherwise dealt with in accordance with the law by the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council for the purposes of this paragraph.

Property outside Canada

(5)An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

Power to set aside transfers

96A court may, before ordering that property be forfeited under subsection 94(1) or 95(2), set aside any transfer of the property that occurred after the seizure of the property, or the making of a restraint order in respect of the property, unless the transfer was for valuable consideration to a person acting in good faith.

Notice

97(1)Before making an order under subsection 94(1) or 95(2) in relation to any property, a court must require a notice in accordance with subsection (2) to be given to, and may hear, any person that, in the opinion of the court, appears to have a valid interest in or right to the property.

Manner of giving notice

(2)The notice must

(a)be given in the manner that the court directs or that may be specified in the rules of the court;

(b)specify the period that the court considers reasonable or that may be set out in the rules of the court during which a person may make an application to the court asserting their interest in or right to the property; and

(c)set out the designated offence charged and a description of the property.

Order of restoration

(3)If a court is satisfied that any person, other than one referred to in paragraph (a) or (b), is the owner of, or is entitled to possession of, any property or any part of any property that would otherwise be forfeited under an order made under subsection 94(1) or 95(2) and that the person appears innocent of any complicity in a designated offence or of any collusion in relation to such an offence, the court may order that the property or part be returned to that person:

(a)a person that was charged with a designated offence; or

(b)a person that acquired title to, ownership of or a right of possession of the property from a person referred to in paragraph (a) under circumstances that give rise to a reasonable inference that the title or right was transferred for the purpose of avoiding the forfeiture of the property.

Notice

98(1)If all or part of the property that would otherwise be forfeited under subsection 94(1) or 95(2) is a dwelling-house, before making an order of forfeiture, a court must require notice in accordance with subsection (2) to be given to, and may hear, any individual who resides in the dwelling-house and is a member of the immediate family of the person charged with or convicted or discharged under section 730 of the Criminal Code of the indictable offence under this Act in relation to which the property would be forfeited.

Manner of giving notice

(2)The notice must

(a)be given in the manner that the court directs or that may be specified in the rules of the court;

(b)specify the period that the court considers reasonable or that may be set out in the rules of the court during which a member of the immediate family who resides in the dwelling-house may make themselves known to the court; and

(c)set out the offence charged and a description of the property.

Non-forfeiture of real property or immovables

(3)Subject to an order made under subsection 97(3), if a court is satisfied that the impact of an order of forfeiture made under subsection 94(1) or 95(2) in respect of real property or immovables would be disproportionate to the nature and gravity of the offence, the circumstances surrounding the commission of the offence and the criminal record, if any, of the person charged with or convicted or discharged under section 730 of the Criminal Code of the offence, it may decide not to order the forfeiture of the property or part of the property and may revoke any restraint order made in respect of that property or part.

Factors in relation to dwelling-house

(4)If all or part of the property that would otherwise be forfeited under subsection 94(1) or 95(2) is a dwelling-house, when making a decision under subsection (3), the court must also consider

(a)the impact of an order of forfeiture on any member of the immediate family of the person charged with or convicted or discharged of the offence, if the dwelling-house was the family member’s principal residence at the time the charge was laid and continues to be the family member’s principal residence; and

(b)whether the family member appears innocent of any complicity in the offence or of any collusion in relation to the offence.

Application of claimants

99(1)If any property is forfeited to Her Majesty under an order made under subsection 94(1) or 95(2), any person that claims an interest in or right to the property, other than any of the following persons, may, within 30 days after the forfeiture, apply by notice in writing to a judge for an order under subsection (4):

(a)in the case of property forfeited under an order made under subsection 94(1), a person that was convicted or discharged under section 730 of the Criminal Code of the designated offence in relation to which the property was forfeited;

(b)in the case of property forfeited under an order made under subsection 95(2), a person that was charged with the designated offence in relation to which the property was forfeited; or

(c)a person that acquired title to, ownership of or a right of possession of the property from a person referred to in paragraph (a) or (b) under circumstances that give rise to a reasonable inference that the title or right was transferred from that person for the purpose of avoiding the forfeiture of the property.

Fixing day for hearing

(2)The judge to whom the application is made must fix a day that is not less than 30 days after the date of the filing of the application for the hearing of the application.

Notice

(3)The applicant must serve a notice of the application and of the hearing of it on the Attorney General at least 15 days before the day fixed for the hearing.

Order declaring interest or right not affected by forfeiture

(4)The judge to whom the application is made may make an order declaring that the interest or right of the applicant is not affected by the forfeiture and declaring the nature and the extent or value of the interest or right if the judge is satisfied that the applicant

(a)is not a person referred to in paragraph (1)‍(a), (b) or (c) and appears innocent of any complicity in any designated offence that resulted in the forfeiture of the property or of any collusion in relation to such an offence; and

(b)exercised all reasonable care to be satisfied that the property was not likely to have been used in connection with the commission of an unlawful act by

(i)the person that was permitted by the applicant to obtain possession of the property or from which the applicant obtained possession,

(ii)the mortgagor or hypothecary debtor, if the applicant is a mortgagee or hypothecary creditor,

(iii)the person that is subject to the charge, if the applicant is a chargee,

(iv)the person that is subject to the prior claim, if the applicant is the holder of a prior claim,

(v)the person that is subject to the lien, if the applicant is a lienholder, or

(vi)the giver of a security interest, if the applicant is the creditor in relation to the security interest.

Appeal — subsection (4)

(5)An applicant or the Attorney General may appeal to the court of appeal from an order made under subsection (4), and the provisions of Part XXI of the Criminal Code with respect to procedure on appeals apply, with any necessary modifications, in respect of appeals under this subsection.

Return of property

(6)The Minister must, on application made to the Minister by any person in respect of which a judge has made an order under subsection (4), and if the periods with respect to the taking of appeals from that order have expired or any appeal from that order taken under subsection (5) has been determined, direct that

(a)the property, or the part of it to which the interest or right of the applicant relates, be returned to the applicant; or

(b)an amount equal to the value of the interest or right of the applicant, as declared in the order, be paid to the applicant.

Appeal — subsection 95(2)

100Any person that, in their opinion, is aggrieved by an order made under subsection 95(2) may appeal from the order as if the order were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, under Part XXI of the Criminal Code, and that Part applies, with any necessary modifications, in respect of such an appeal.

Suspension of order pending appeal

101Despite anything in this Act, the operation of an order made in respect of property under subsection 94(1), 95(2) or 99(4) is suspended pending

(a)any application made in respect of the property under any of those provisions or any other provision of this Act or any other Act of Parliament that provides for restoration or forfeiture of the property; or

(b)any appeal taken from an order of forfeiture or restoration in respect of the property.

The property must not be disposed of or otherwise dealt with until the expiry of the 30th day after the day an order is made under any of those provisions.

Division 2

Cannabis and Chemical Property

Return

102(1)A peace officer, inspector or prescribed person that seizes, finds or otherwise acquires cannabis or chemical offence-related property in the course of the administration or enforcement of this Act or any other Act of Parliament — or that seizes, finds or otherwise acquires any chemical or thing that is referred to in paragraph (b) or (c) of the definition chemical property in subsection 2(1) in the course of the administration or enforcement of this Act — may return it to the person that is its owner or that is entitled to its possession if the peace officer, inspector or prescribed person is satisfied

(a)that there is no dispute as to who owns it or is entitled to its possession; and

(b)that its continued detention is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament.

Receipt

(2)When the cannabis or property is returned, the peace officer, inspector or prescribed person must obtain a receipt for it.

Report

(3)In the case of a seizure made under section 87 of this Act, the Criminal Code or a power of seizure at common law, the peace officer making the seizure must make a report about the return to the justice who issued the warrant or another justice for the same territorial division or, if a warrant was not issued, a justice who would have had jurisdiction to issue a warrant.

Application for order to return

103(1)If cannabis or chemical property has been seized, found or otherwise acquired by a peace officer, inspector or prescribed person, any person may, within 60 days after the date of the seizure, finding or acquisition, on prior notification being given to the Attorney General in the prescribed manner, apply, by notice in writing to a justice in the jurisdiction in which it is being detained, for an order to return it to the person.

Order to return

(2)If, on the hearing of the application, a justice is satisfied that the applicant is the owner or is entitled to possession of the cannabis or the property and the Attorney General does not indicate that it or any part of it may be required for the purposes of a preliminary inquiry, trial or other proceeding under this or any other Act of Parliament, the justice must, subject to subsection (5), order that it, or the part that is not required, as the case may be, be returned as soon as feasible to the applicant.

Order to return at specified time

(3)If, on the hearing of the application, a justice is satisfied that the applicant is the owner or is entitled to possession of the cannabis or property but the Attorney General indicates that it or any part of it may be required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the justice must, subject to subsection (5), order that it, or the part that is required, as the case may be, be returned to the applicant

(a)on the expiry of 180 days after the day on which the application was made, if no proceeding in relation to the cannabis or property has been commenced before that time; or

(b)on the final conclusion of the proceeding or any other proceeding in relation to the cannabis or property if the applicant is not found guilty in those proceedings of an offence committed in relation to it.

Order of forfeiture

(4)If, on the hearing of the application, a justice is not satisfied that the applicant is the owner or is entitled to possession of the cannabis or property, and it or a part of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the justice must order that it, or the part that is not required, as the case may be, be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

Payment of compensation in lieu

(5)If, on the hearing of the application, a justice is satisfied that the applicant is the owner or is entitled to possession of the cannabis or property, but it was disposed of or otherwise dealt with under section 105, the justice must make an order that an amount equal to its value be paid to the applicant.

Forfeiture if no application

104If no application for the return of the cannabis or the chemical property has been made under subsection 103(1) within 60 days after the date of its seizure, finding or acquisition by a peace officer, inspector or prescribed person and it or any part of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the cannabis or the property, or the part that is not required, as the case may be, is forfeited to Her Majesty and may be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

Expedited disposition

105If all or any part of any cannabis or chemical property whose storage or handling poses a risk to health or safety is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the Minister or a peace officer or prescribed person may dispose of or otherwise deal with it in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

Destruction of plants

106The Minister may, on prior notification being given to the Attorney General, cause to be destroyed any cannabis plant that is being produced contrary to the provisions of this Act or of the regulations.

Disposition following proceedings

107Subject to section 103, if, in a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, the court before which the proceedings have been brought is satisfied that any cannabis or chemical property that is the subject of proceedings before the court is no longer required by that court or any other court, the court

(a)must order that it be returned to

(i)the person from which it was seized if the court is satisfied that the person came into its possession lawfully and continued to deal with it lawfully, or

(ii)the person that is its owner or that is entitled to its possession, if that person is known and if the court is satisfied that its possession by the person from which it was seized was unlawful; and

(b)may order that it be forfeited to Her Majesty to be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs, if

(i)the court is not satisfied that it should be returned under subparagraph (a)‍(i) or (ii), or

(ii)its possession by the person from which it was seized was unlawful and the person that is its owner or that is entitled to its possession is not known.

Disposal with consent

108If cannabis or chemical property has been seized, found or otherwise acquired by a peace officer, inspector or prescribed person and it or a part of it is not required for the purposes of a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament, its owner may consent to its disposal and, if the consent is given, the cannabis or property, or the part that is not required, as the case may be, is forfeited to Her Majesty and may be disposed of or otherwise dealt with in accordance with the regulations or, if there are no applicable regulations, in the manner that the Minister directs.

Disposition report

109(1)Subject to the regulations, every peace officer, inspector or prescribed person that disposes of or otherwise deals with cannabis or chemical property under this Act must, within 30 days after doing so, cause a report to be sent to the Minister setting out

(a)a description of the cannabis or property;

(b)the amount of it that was disposed of or otherwise dealt with;

(c)the manner in which it was disposed of or otherwise dealt with;

(d)the date on which it was disposed of or otherwise dealt with;

(e)the name of the police force, agency or entity to which the peace officer, inspector or prescribed person belongs;

(f)the number of the file or police report related to its disposition or the other dealing with it; and

(g)any other prescribed information.

Interpretation

(2)For the purposes of subsection (1), otherwise dealing with cannabis or chemical property by a peace officer includes using it to conduct an investigation or for training purposes.

PART 10

Administrative Monetary Penalties

Powers of Minister

Powers

110The Minister may designate individuals, or classes of individuals, who are authorized to issue notices of violation and establish, in respect of each violation, a short-form description to be used in notices of violation.

Violation

Commission

111(1)Every person that contravenes a provision of this Act — except provisions of Division 1 of Part 1 — a provision of the regulations, or an order made under any of sections 73 to 76, an order amended under section 79 or an order made under section 82, commits a violation and is liable to a penalty of not more than $1,000,000 or, if the violation is classified by the regulations as a minor violation, a serious violation or a very serious violation, to a penalty of not more than the maximum amount fixed by the regulations in relation to that classification.

Purpose of penalty

(2)The purpose of a penalty is to promote compliance with this Act.

Proceedings

Issuance of notice of violation

112(1)If an individual who is designated under section 110 believes on reasonable grounds that a person has committed a violation, the designated individual may issue, and must provide the person with, a notice of violation that

(a)sets out the person’s name;

(b)identifies the alleged violation;

(c)sets out the penalty for the violation that the person is liable to pay; and

(d)sets out the particulars concerning the time and manner of payment.

Summary of rights

(2)A notice of violation must summarize, in plain language, the rights and obligations of the named person under this section and sections 113 to 125, including the right to have the acts or omissions that constitute the alleged violation or the amount of the penalty reviewed and the procedure for requesting that review.

Penalty

(3)The penalty for a violation is to be determined by taking into account

(a)the person’s history of compliance or non-compliance with the provisions of this Act or of the regulations;

(b)the nature and scope of the violation;

(c)whether the person made reasonable efforts to mitigate or reverse the effects of the violation;

(d)whether the person derived any competitive or economic benefit from the violation; and

(e)any other prescribed criteria.

Penalties

Payment

113(1)If the person named in the notice of violation pays, in the time and manner specified in the notice, the amount of the penalty set out in the notice,

(a)they are deemed to have committed the violation in respect of which the amount is paid;

(b)the Minister must accept that amount as complete satisfaction of the penalty in respect of the violation; and

(c)the proceedings commenced in respect of the violation are ended.

Alternatives

(2)Instead of paying the amount of the penalty set out in the notice, the person named in the notice may, in the time and manner specified in the notice,

(a)if the amount of the penalty set out in the notice is $5,000 or more, request to enter into a compliance agreement with the Minister that ensures the person’s compliance with the provision or the order to which the violation relates; or

(b)request a review by the Minister of the acts or omissions that constitute the alleged violation or of the amount of the penalty.

Deeming

(3)If the person named in the notice does not pay the penalty set out in the notice in the time and manner specified in the notice and does not exercise any right referred to in subsection (2) in the specified time and manner, they are deemed to have committed the violation identified in the notice.

Compliance Agreements

Entering into compliance agreements

114(1)After considering a request made under paragraph 113(2)‍(a), the Minister may enter into a compliance agreement, as described in that paragraph, with the person making the request on any terms and conditions that are satisfactory to the Minister. The terms and conditions may

(a)include a provision for the deposit of reasonable security, in a form and amount satisfactory to the Minister, as a guarantee that the person will comply with the compliance agreement; and

(b)provide for the reduction, in whole or in part, of the penalty for the violation.

Deeming

(2)A person that enters into a compliance agreement with the Minister is, on doing so, deemed to have committed the violation in respect of which the compliance agreement was entered into.

Notice of compliance

(3)If the Minister is satisfied that a person that has entered into a compliance agreement has complied with it, the Minister must cause a notice to that effect to be provided to the person, at which time

(a)the proceedings commenced in respect of the violation are ended; and

(b)any security given by the person under the compliance agreement must be returned to the person.

Notice of default

(4)If the Minister is of the opinion that a person that has entered into a compliance agreement has not complied with it, the Minister must cause a notice of default to be provided to the person to the effect that

(a)instead of being liable to pay the amount of the penalty set out in the notice of violation in respect of which the compliance agreement was entered into, the person is liable to pay, in the time and manner specified in the notice of violation, twice the amount of that penalty, and, for greater certainty, subsections 111(1) and 139(4) do not apply in respect of that amount; or

(b)the security, if any, given by the person under the compliance agreement is forfeited to Her Majesty in right of Canada.

Effect of notice of default

(5)Once provided with the notice of default, the person may not deduct from the amount set out in the notice of default any amount they spent under the compliance agreement and

(a)the person is liable to pay the amount set out in the notice of default in the time and manner specified in the notice of violation; or

(b)if the notice provides for the forfeiture of the security given under the compliance agreement, that security is forfeited to Her Majesty in right of Canada and the proceedings commenced in respect of the violation are ended.

Effect of payment

(6)If a person pays the amount set out in the notice of default in the time and manner specified in the notice of violation, the Minister must accept the amount as complete satisfaction of the amount owing in respect of the violation and the proceedings commenced in respect of the violation are ended.

Refusal to enter into compliance agreement

115(1)If the Minister refuses to enter into a compliance agreement requested under paragraph 113(2)‍(a), the person that made the request is liable to pay, in the time and manner specified in the notice of violation, the amount of the penalty set out in the notice of violation.

Effect of payment

(2)If a person pays the amount referred to in subsection (1),

(a)they are deemed to have committed the violation in respect of which the amount is paid;

(b)the Minister must accept the amount as complete satisfaction of the penalty in respect of the violation; and

(c)the proceedings commenced in respect of the violation are ended.

Deeming

(3)If a person does not pay the amount referred to in subsection (1) in the specified time and manner, they are deemed to have committed the violation identified in the notice of violation.

Review by Minister

Review — with respect to facts

116(1)On completion of a review requested under paragraph 113(2)‍(b) with respect to the acts or omissions that constitute the alleged violation, the Minister must determine whether the person that requested the review committed the violation. If the Minister determines that the person committed the violation but that the amount of the penalty was not established in accordance with the provisions of this Act and of the regulations, the Minister must correct the amount.

Violation not committed — effect

(2)If the Minister determines under subsection (1) that the person that requested the review did not commit the violation, the proceedings commenced in respect of it are ended.

Review — with respect to penalty

(3)On completion of a review requested under paragraph 113(2)‍(b) with respect to the amount of the penalty, the Minister must determine whether the amount of the penalty was established in accordance with the provisions of this Act and of the regulations and, if not, the Minister must correct the amount.

Notice of decision

(4)The Minister must cause a notice of any decision made under subsection (1) or (3) to be provided to the person that requested the review.

Payment

(5)The person that requested the review is liable to pay, in the time and manner specified in the notice of violation, the amount of the penalty that is confirmed or corrected in the Minister’s decision made under subsection (1) or (3).

Effect of payment

(6)If a person pays the amount referred to in subsection (5), the Minister must accept the amount as complete satisfaction of the penalty in respect of the violation and the proceedings commenced in respect of the violation are ended.

Written evidence and submissions

(7)The Minister is to consider only written evidence and written submissions in determining whether a person committed a violation or whether the amount of a penalty was established in accordance with the provisions of this Act and of the regulations.

Enforcement

Debts to Her Majesty

117(1)The following amounts constitute debts due to Her Majesty in right of Canada that may be recovered in the Federal Court:

(a)the amount of a penalty, from the time the notice of violation setting out the amount of the penalty is provided;

(b)every amount set out in a compliance agreement entered into with the Minister under subsection 114(1), from the time the compliance agreement is entered into;

(c)the amount set out in a notice of default referred to in subsection 114(4), from the time the notice is provided; and

(d)the amount of a penalty as set out in a decision of the Minister made under subsection 116(1) or (3), from the time the notice of that decision is provided.

Limitation period

(2)No proceedings to recover a debt referred to in subsection (1) may be commenced after the expiry of five years after the day on which the debt became payable.

Debt final

(3)A debt referred to in subsection (1) is final and not subject to review or to be restrained, prohibited, removed, set aside or otherwise dealt with except to the extent and in the manner provided by sections 113 to 116.

Certificate of default

118(1)Any debt referred to in subsection 117(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.

Judgment

(2)On production to the Federal Court, a certificate made under subsection (1) must be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges associated with the registration of the certificate.

Rules About Violations

Certain defences not available

119(1)A person named in a notice of violation does not have a defence by reason that the person

(a)exercised due diligence to prevent the violation; or

(b)reasonably and honestly believed in the existence of facts that, if true, would exonerate the person.

Common law principles

(2)Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act.

Burden of proof

120In every case when the facts of a violation are reviewed by the Minister, he or she must determine, on a balance of probabilities, whether the person named in the notice of violation committed the violation identified in the notice.

Violation by corporate officers, etc.

121If a person other than an individual commits a violation, any of the person’s directors, officers or agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to and liable for the violation whether or not the person that actually committed the violation is proceeded against under this Act.

Employees or agents or mandataries

122A person is liable for a violation that is committed by any employee or agent or mandatary of the person acting in the course of the employee’s employment or the scope of the agent’s or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against under this Act.

Continuing violation

123A violation that is committed or continued on more than one day constitutes a separate violation in respect of each day on which it is committed or continued.

Other Provisions

Evidence

124In any proceeding in respect of a violation or a prosecution for an offence, a notice of violation purporting to be issued under this Act is admissible in evidence without proof of the signature or official character of the individual purporting to have signed the notice of violation.

Limitation period

125No proceedings in respect of a violation may be commenced after the expiry of six months after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged violation.

How act or omission may be proceeded with

126If an act or omission can be proceeded with either as a violation or as an offence, proceeding in one manner precludes proceeding in the other.

Certification by Minister

127A document purporting to have been issued by the Minister, certifying the day on which the acts or omissions that constitute the alleged violation became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and, in the absence of evidence to the contrary, is proof that the Minister became aware of the acts or omissions on that day.

PART 11

General

Disclosure of Information

Personal information

128The Minister may, without the consent of the person to whom the personal information relates and without notifying that person, disclose any personal information, as defined in section 3 of the Privacy Act, that is obtained under this Act if the Minister considers that the disclosure is necessary to protect public health or public safety.

Confidential business information

129(1)The Minister may, without the consent of the person to whose business or affairs the information relates and without notifying that person, disclose any confidential business information that is obtained under this Act if the Minister considers that the disclosure is necessary to protect public health or public safety.

Definition of confidential business information

(2)In subsection (1), confidential business information in respect of a person to whose business or affairs the information relates, means business information

(a)that is not publicly available;

(b)in respect of which the person has taken measures that are reasonable in the circumstances to ensure that it remains not publicly available; and

(c)that has actual or potential economic value to the person or their competitors because it is not publicly available and its disclosure would result in a material financial loss to the person or a material financial gain to their competitors.

Analysis

Designation of analysts

130For the purposes of the administration and enforcement of this Act, the Minister may designate any individuals or class of individuals as analysts.

Analysis

131(1)A peace officer, inspector or prescribed person may submit to an analyst for analysis or examination any substance or sample of any substance taken by the officer, the inspector or the prescribed person.

Certificate or report

(2)An analyst who has made an analysis or examination of a substance or sample submitted under subsection (1) may prepare a certificate or report stating that they have analyzed or examined it and setting out the results of their analysis or examination.

Trademarks

Trademarks

132(1)Despite the Trademarks Act, the registration of a trademark is not to be held invalid on the basis of paragraph 18(1)‍(b) or (c) of that Act as a result of compliance with this Act.

For greater certainty

(2)For greater certainty, the absence of use of a trademark as a result of compliance with this Act constitutes special circumstances that excuse the absence of use for the purposes of the Trademarks Act.

Evidence and Procedure

Copies of documents

133(1)A copy of any document filed with a department, ministry, agency, municipality or other body established by or under a law of a province, or of any statement containing information from the records kept by any such department, ministry, agency, municipality or body, purporting to be certified by any official having custody of that document or those records, is admissible in evidence in any prosecution for an offence referred to in subsection 50(1) and, in the absence of evidence to the contrary, is proof of the facts contained in that document or statement, without proof of the signature or official character of the individual purporting to have certified it.

Authentication

(2)For the purposes of subsection (1), an electronically or mechanically reproduced facsimile signature of an official referred to in that subsection is sufficient authentication of any copy referred to in that subsection.

Evidence inadmissible under this section

(3)Nothing in subsection (1) renders admissible in evidence any part of any record that is proved to be a record made in the course of an investigation or inquiry.

Certificate issued under regulations

134(1)Subject to subsection (2), any certificate or other document issued under regulations made under paragraph 139(6)‍(c) or (7)‍(c) is admissible in evidence in a preliminary inquiry, trial or other proceeding under this Act or any other Act of Parliament and, in the absence of evidence to the contrary, is proof that the certificate or other document was validly issued and of the facts contained in it, without proof of the signature or official character of the individual purporting to have certified it.

Affidavit or examination

(2)The defence may, with leave of the court, require that the individual who issued the certificate or other document

(a)produce an affidavit or solemn declaration attesting to any of the matters deemed to be proved under subsection (1); or

(b)appear before the court for examination or cross-examination in respect of the issuance of the certificate or other document.

Certificate of analyst

135(1)A certificate or report prepared by an analyst under subsection 131(2) is admissible in evidence in any prosecution for an offence under this Act or any other Act of Parliament and, in the absence of evidence to the contrary, is proof of the statements set out in the certificate or report, without proof of the signature or official character of the individual purporting to have signed it.

Attendance of analyst

(2)The party against whom a certificate or report is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination.

Proof of notice

136(1)For the purposes of this Act and the regulations, the giving of any notice, whether orally or in writing, or the service of any document may be proved by the testimony of, or by the affidavit or solemn declaration of, the person claiming to have given that notice or served that document.

Proof of notice

(2)The court may require the affiant or declarant to appear before it for examination or cross-examination in respect of the giving of notice or proof of service.

Continuity of possession

137(1)In any proceeding under this Act, continuity of possession of any exhibit tendered as evidence in that proceeding may be proved by the testimony of, or by the affidavit or solemn declaration of, the person claiming to have had it in their possession.

Alternative method of proof

(2)If an affidavit or solemn declaration is offered in proof of continuity of possession under subsection (1), the court may require the affiant or declarant to appear before it for examination or cross-examination in respect of the issue of continuity of possession.

Copies of records, reports, etc.

138If any record, report, electronic data or other document is examined or seized under this Act, the Minister, or the officer who examined or seized it, may make or cause to be made one or more copies of it, and a copy of it that purports to be certified by the Minister or a person authorized by the Minister is admissible in evidence and, in the absence of evidence to the contrary, has the same probative force as the original record, report, electronic data or other document would have had if it had been proved in the ordinary way.

Regulations and Exemptions

Regulations

139(1)The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including for the administration and enforcement of this Act, and regulations

(a)defining “industrial hemp” for the purposes of this Act;

(b)establishing, in addition to dried cannabis, other classes of cannabis;

(c)defining any term that is necessary to describe any class that is established or any term that is used in the description of such a class;

(d)respecting the importation, exportation, production, testing, packaging, labelling, storage, preservation, sale, distribution, possession, disposal or obtaining of or other dealing in cannabis or any class of cannabis;

(e)respecting the importation, exportation, production, testing, sale, distribution, possession, disposal or obtaining of or other dealing in of any substance that may be used in the production of cannabis;

(f)respecting the packaging, labelling, distribution or sale of cannabis accessories;

(g)respecting the issuance of licences, permits or other authorizations that authorize, as the case may be, the importation, exportation, production, testing, packaging, labelling, sending, delivery, transportation, sale, possession or disposal of cannabis or any class of cannabis, and their renewal, amendment, suspension, revocation, duration and conditions;

(h)establishing classes of licences, permits or other authorizations that authorize any of the activities referred to in paragraph (g);

(i)respecting the qualifications required to be met by individuals who are engaged in the production, testing, packaging, labelling, storage, preservation, selling, distributing or otherwise dealing in cannabis or any class of cannabis;

(j)respecting the granting, suspension or cancellation of security clearances and specifying who must hold a security clearance;

(k)respecting the characteristics, composition, strength, concentration, potency, intended use, sensory attributes — such as appearance and shape — purity, quality or any other property of cannabis or any class of cannabis;

(k.‍2)respecting the emissions produced by the consumption of cannabis or the use of cannabis accessories and defining “emission” for the purpose of regulations made under this paragraph;

(l)requiring persons to take or keep samples of any cannabis or any class of cannabis, or of any package or label of cannabis, and to provide the Minister or an inspector with, or with access to, those samples;

(m)respecting the manner in which samples referred to in paragraph (l) are to be taken or kept and the manner in which they are to be provided or access to them is to be provided;

(n)respecting the promotion of cannabis, cannabis accessories or services related to cannabis or the display or promotion of their brand elements;

(o)respecting the information, including information about health risks and health effects arising from the use of cannabis, that must appear on packages or labels of cannabis or cannabis accessories or that must be provided when cannabis or cannabis accessories are promoted;

(p)respecting the display of cannabis by persons that are authorized to sell cannabis or the display of cannabis accessories by persons that sell cannabis accessories;

(q)respecting the records, reports, electronic data or other documents in respect of cannabis — or in respect of activities related to cannabis, cannabis accessories, services related to cannabis or their brand elements, including their promotion — that are required to be prepared, retained or provided by any person or class of persons and

(i)the time, manner or place in which they are to be prepared and retained, or

(ii)the form, manner or time in which they are to be provided;

(r)respecting the qualifications for analysts or inspectors and their powers, duties and functions;

(s)respecting the detention and the return, disposition of or otherwise dealing with

(i)any cannabis, cannabis accessory or offence-related property that is seized, detained, found or otherwise acquired under this Act or any other Act of Parliament or under a power of seizure at common law,

(ii)any chemical or thing that is referred to in paragraph (b) or (c) of the definition chemical property in subsection 2(1) and that is seized, detained, found or otherwise acquired under this Act, or

(iii)any other thing that is seized, detained, found or otherwise acquired under this Act;

(t)respecting the taking of samples under paragraph 86(2)‍(i);

(u)respecting the collection, use, retention, disclosure and disposal of information;

(v)respecting the making, serving, filing and manner of proving service of any notice, order, report or other document referred to in this Act or the regulations;

(w)prescribing forms for the purposes of this Act or the regulations;

(x)respecting the recall of cannabis or any class of cannabis;

(y)respecting the review of orders under section 79;

(z)exempting, on any terms and conditions that are specified in the regulations, any person or class of persons, any cannabis or any class of cannabis or any cannabis accessory or any class of cannabis accessory from the application of all or any of the provisions of this Act or of the regulations;

(z.‍1)specifying terms, expressions, logos, symbols or illustrations for the purposes of sections 19 and 28;

(z.‍2)respecting the provision of anything or any service for the purposes of section 24;

(z.‍3)classifying each violation as a minor violation, a serious violation or a very serious violation;

(z.‍4)fixing a maximum amount as the penalty for minor violations, for serious violations or for very serious violations;

(z.‍5)respecting the circumstances under which, the criteria by which and the manner in which the amount of a penalty for a violation may be increased or reduced, including a reduction in the amount that is provided for in a compliance agreement;

(z.‍6)specifying provisions of this Act or of the regulations, other than provisions of Division 1 of Part 1, for the purposes of paragraph 51(2)‍(i) and fixing the amount of the fine, or a range of amounts as the fine, in respect of each specified provision; and

(z.‍7)prescribing anything that, by this Act, is to be or may be prescribed.

Paragraph (1)‍(e)

(2)Regulations may be made under paragraph (1)‍(e) in respect of a substance only if the Governor in Council considers that controlling the substance is necessary to protect public health or public safety.

Paragraph (1)‍(g)

(3)Regulations may be made under paragraph (1)‍(g) in respect of licences, permits or other authorizations generally or for any class of them, and those regulations may, among other things, specify that financial information must be provided in an application for a licence, permit or other authorization.

Paragraph (1)‍(z.‍4)

(4)The maximum penalty in respect of a violation that may be fixed under regulations made under paragraph (1)‍(z.‍4) is $1,000,000.

Regulations — tickets

(5)The Governor in Council, on the recommendation of the Attorney General of Canada, may make regulations establishing the form of tickets for the purposes of section 51 and respecting the sending or delivering of the summons portion of the ticket for the purposes of paragraph 51(1)‍(c).

Regulations pertaining to law enforcement

(6)The Governor in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, may make regulations that pertain to investigations and other law enforcement activities conducted under this Act by a member of a police force or of the military police and other persons acting under the direction and control of the member, including regulations

(a)authorizing, for the purposes of this subsection,

(i)that Minister or the provincial minister responsible for policing in a province, as the case may be, to designate a police force within their jurisdiction, or

(ii)the Minister of National Defence to designate military police;

(b)exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under paragraph (a), and other persons acting under the direction and control of the member, from the application of all or any of the provisions of Division 1 of Part 1 or of the regulations;

(c)respecting the issuance, suspension, cancellation, duration and terms and conditions of a certificate, other document or, in exigent circumstances, an approval to obtain a certificate or other document, that is issued to a member of a police force or of the military police that has been designated under paragraph (a) for the purpose of exempting the member from the application of all or any of the provisions of this Act or of the regulations;

(d)respecting the detention, storage and disposition of or other dealing with cannabis;

(e)respecting records, reports, electronic data or other documents in respect of cannabis that are required to be prepared, retained or provided by any person or class of persons; and

(f)prescribing forms for the purposes of the regulations.

Regulations pertaining to law enforcement under other Acts

(7)The Governor in Council, on the recommendation of the Minister of Public Safety and Emergency Preparedness, may, for the purpose of an investigation or other law enforcement activity conducted under another Act of Parliament, make regulations authorizing a member of a police force or of the military police or other person under the direction and control of the member to commit an act or omission — or authorizing a member of a police force or of the military police to direct the commission of an act or omission — that would otherwise constitute an offence under Division 1 of Part 1 or under section 44 in respect of the contravention of a provision of the regulations, including regulations

(a)authorizing, for the purposes of this subsection,

(i)that Minister or the provincial minister responsible for policing in a province, as the case may be, to designate a police force within their jurisdiction, or

(ii)the Minister of National Defence to designate military police;

(b)exempting, on any terms and conditions that are specified in the regulations, a member of a police force or of the military police that has been designated under paragraph (a), and other persons acting under the direction and control of the member, from the application of all or any of the provisions of Division 1 of Part 1 or of the regulations;

(c)respecting the issuance, suspension, cancellation, duration and terms and conditions of a certificate, other document or, in exigent circumstances, an approval to obtain a certificate or other document, that is issued to a member of a police force or of the military police that has been designated under paragraph (a) for the purpose of exempting the member from the application of all or any of the provisions of Division 1 of Part 1 or of the regulations;

(d)respecting the detention, storage and disposition of or other dealing with cannabis;

(e)respecting records, reports, electronic data or other documents in respect of cannabis that are required to be prepared, retained or provided by any person or class of persons; and

(f)prescribing forms for the purposes of the regulations.

Incorporation by reference — limitation removed

(8)The limitation set out in paragraph 18.‍1(2)‍(a) of the Statutory Instruments Act to the effect that a document must be incorporated as it exists on a particular date does not apply to the powers to make regulations under paragraphs (1)‍(d) to (g), (j) to (l), (o), (q) and (z).

Exemption by Minister — persons

140(1)The Minister may, on any terms and conditions that the Minister considers necessary, by order, exempt any person, or any cannabis or any class of cannabis in relation to a person, from the application of all or any of the provisions of this Act or of the regulations if, in the opinion of the Minister, the exemption is necessary for a medical or scientific purpose or is otherwise in the public interest.

For greater certainty

(1.‍1)For greater certainty, the Minister may, by order, amend or revoke an order made under subsection (1) or suspend its application in whole or in part.

Exemption by Minister — class of persons

(2)The Minister may, on any terms and conditions that the Minister considers necessary, by order, exempt any class of persons, or any cannabis or any class of cannabis in relation to any class of persons, from the application of all or any of the provisions of this Act or of the regulations if, in the opinion of the Minister, the exemption is necessary for a medical or scientific purpose or is otherwise in the public interest.

Suspension

(2.‍1)The Minister may, by order, suspend, in whole or in part, the application of an order made under subsection (2).

Statutory Instruments Act

141An order made under subsection 140(1) or (1.‍1) is not a statutory instrument within the meaning of subsection 2(1) of the Statutory Instruments Act.

Fees

Fees

142(1)The Minister may, by order, fix the following fees in relation to cannabis:

(a)fees to be paid for a service, or the use of a facility, provided under this Act;

(b)fees to be paid in respect of approvals, authorizations, exemptions or regulatory processes provided under this Act; and

(c)fees to be paid in respect of products, rights and privileges that are provided under this Act, including those provided in relation to the cannabis tracking system established under section 81.

Amount not to exceed cost

(2)A fee fixed under paragraph (1)‍(a) must not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.

Aggregate amount not to exceed cost

(3)Fees fixed under paragraph (1)‍(b) must not in the aggregate exceed the cost to Her Majesty in right of Canada in respect of providing the regulatory processes, approvals, authorizations or exemptions.

Consultation

143Before making an order under subsection 142(1), the Minister must consult with any persons that the Minister considers to be interested in the matter.

Remission of fees

144(1)The Minister may, by order, remit all or part of any fee fixed under subsection 142(1) or the interest on it.

Remission may be conditional

(2)A remission granted under subsection (1) may be conditional.

Conditional remission

(3)If a remission granted under subsection (1) is conditional and the condition is not fulfilled, then the remission is cancelled and is deemed never to have been granted.

Non-payment of fees

145The Minister may, by notice in writing and for a period that he or she specifies, withdraw or withhold a service, the use of a facility, a regulatory process, approval, authorization, exemption, product, right or privilege under this Act from any person who fails to pay the fee for it fixed under subsection 142(1).

Adjustment of amounts

146(1)An order made under subsection 142(1) may prescribe rules for the adjustment of the amount of the fee by any amounts or ratios that are referred to in the order, for the period that is specified in the order.

Notice of adjusted amount

(2)The amount of a fee that is subject to an adjustment rule remains unadjusted for the specified period unless, before the beginning of that period, the Minister publishes a notice in the Canada Gazette that specifies the adjusted amount and the manner in which it was determined.

User Fees Act

147The User Fees Act does not apply to a fee fixed under subsection 142(1).

Costs

Debts to Her Majesty

148(1)Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under this Act, including

(a)the inspection of a place or the analysis, examination, storage, movement, seizure, detention, forfeiture, disposal or return of anything; and

(b)the measures or the recall carried out under section 77.

Limitation period

(2)No proceeding to recover a debt referred to in subsection (1) may be commenced after the expiry of five years after the day on which the debt became payable.

Certificate of default

149(1)Any debt that may be recovered under subsection 148(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.

Judgment

(2)A certificate made under subsection (1) that is registered in the Federal Court has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in it and all reasonable costs and charges associated with its registration.

Technical Assistance

Advice of experts

150The Minister may engage the services of persons having technical or specialized knowledge to advise the Minister in respect of his or her powers, duties or functions under this Act and, with the approval of the Treasury Board, fix their remuneration.

Amendments to Schedules

Schedules 1 and 2

151(1)The Governor in Council may, by order, amend Schedule 1 or 2 by adding or by deleting from it any item or portion of an item.

Schedule 3

(2)The Governor in Council may, by order, amend Schedule 3 by adding or deleting, in column 1, the name of a class of cannabis or by adding or deleting, in column 2, in relation to a class of cannabis in column 1, a quantity that is equivalent to 1 g of dried cannabis.

Schedule 4

(3)The Governor in Council may, by order, amend Schedule 4 by adding or deleting the name of any class of cannabis.

Schedule 5

(4)The Minister may, by order, amend Schedule 5 by adding or deleting, in column 1, the name of any substance or by adding or deleting, in column 2, the name of any class of cannabis in respect of any substance referred to in column 1.

Review and Report

Review of Act

151.‍1(1)Three years after this section comes into force, the Minister must cause a review of this Act and its administration and operation to be conducted, including a review of the impact of this Act on public health and, in particular, on the health and consumption habits of young persons in respect of cannabis use, the impact of cannabis on Indigenous persons and communities, and the impact of the cultivation of cannabis plants in a dwelling-house.

Report to Parliament

(2)No later than 18 months after the day on which the review begins, the Minister must cause a report on the review, including any findings or recommendations resulting from it, to be laid before each House of Parliament.

Transitional Provisions

Definition of commencement day

152In sections 154 to 160, commencement day means the day on which subsection 204(1) comes into force.

Decisions

153Subject to regulations made under subsection 161(1), every decision made by the Minister under the Controlled Drugs and Substances Act that relates to cannabis is deemed to be a decision made by the Minister under this Act.

Inspectors

154Subject to regulations made under subsection 161(1), every individual who is an inspector, as defined in subsection 2(1) of the Controlled Drugs and Substances Act, immediately before the commencement day is deemed to also be an individual who has been designated as an inspector under section 84 of this Act.

Analysts

155Subject to regulations made under subsection 161(1), every individual who is an analyst, as defined in subsection 2(1) of the Controlled Drugs and Substances Act, immediately before the commencement day is deemed to also be an individual who has been designated as an analyst under section 130 of this Act.

Exemptions — Controlled Drugs and Substances Act

156(1)Subject to regulations made under subsection 161(1), the following apply in respect of every exemption granted under section 56 of the Controlled Drugs and Substances Act that is in force immediately before the commencement day:

(a)if the exemption applies solely in respect of cannabis, and it applies to a person, it is deemed to have been granted under subsection 140(1) of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date;

(b)if the exemption applies solely in respect of cannabis, and it applies to a class of persons, it is deemed to have been granted under subsection 140(2) of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date;

(c)if the exemption applies, directly or indirectly, to cannabis and to a controlled substance, as defined in subsection 2(1) of that Act, and it applies to a person, it is deemed, in relation to its application to cannabis, to have been granted under subsection 140(1) of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date; and

(d)if the exemption applies, directly or indirectly, to cannabis and to a controlled substance as defined in subsection 2(1) of that Act, and it applies to a class of persons, it is deemed, in relation to its application to cannabis, to have been granted under subsection 140(2) of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.

Deeming — provisions of Act

(2)Subject to regulations made under subsection 161(1), a reference in a continued exemption to a provision of the Controlled Drugs and Substances Act that is referred to in column 1 of Schedule 6 is deemed to be a reference to the provision of this Act that is referred to in column 2.

Deeming — provisions of regulations

(3)A reference in a continued exemption to a provision of a regulation made under the Controlled Drugs and Substances Act is deemed to be a reference to the equivalent provision of this Act or of any regulation made under this Act that is specified under regulations made under subsection (4).

Regulations

(4)The Governor in Council may, for the purposes of subsection (3), make regulations specifying that provisions of this Act or of regulations made under this Act are equivalent to provisions of regulations made under the Controlled Drugs and Substances Act that are referred to in continued exemptions.

Records, reports, etc.

157Subject to regulations made under subsection 161(1), all records, reports, electronic data or other documents that directly or indirectly relate to cannabis and that were retained by a person immediately before the commencement day by reason of regulations made under the Controlled Drugs and Substances Act are deemed to be required to be retained under regulations made under paragraph 139(1)‍(q) of this Act.

158(1)Subject to regulations made under subsection 161(1), every licence issued under section 35 of the Access to Cannabis for Medical Purposes Regulations that is in force immediately before the commencement day is deemed to be a licence issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.

Section 95 import permits

(2)Subject to regulations made under subsection 161(1), every permit issued under section 95 of the Access to Cannabis for Medical Purposes Regulations that is in force immediately before the commencement day is deemed to be a permit issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.

Section 103 export permits

(3)Subject to regulations made under subsection 161(1), every permit issued under section 103 of the Access to Cannabis for Medical Purposes Regulations that is in force immediately before the commencement day is deemed to be a permit issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.

Regulatory conditions

(4)Subject to regulations made under subsection 161(1), every licence or permit that is continued under any of subsections (1) to (3) is subject to the conditions set out in regulations made under paragraph 139(1)‍(g).

Registered persons

(5)Subject to regulations made under subsection 161(1), if regulations made under subsection 139(1) that come into force on the commencement day refer to registered persons, every individual who is a registered person as defined in subsection 1(1) of the Access to Cannabis for Medical Purposes Regulations immediately before the commencement day

(a)continues to be a registered person until the expiry date of their registration, unless that registration is cancelled before that date; and

(b)is subject to those regulations made under subsection 139(1).

Designated persons

(6)Subject to regulations made under subsection 161(1), if regulations made under subsection 139(1) that come into force on the commencement day refer to designated persons and registered persons, every individual who is a designated person, as defined in subsection 1(1) of the Access to Cannabis for Medical Purposes Regulations, immediately before the commencement day

(a)continues to be a designated person in relation to a registered person until the expiry or cancellation of the registered person’s registration or the registered person’s registration is amended or renewed and another individual is designated as the designated person in relation to the registered person; and

(b)is subject to those regulations made under subsection 139(1).

Clients

(7)Subject to regulations made under subsection 161(1), if regulations made under subsection 139(1) that come into force on the commencement day refer to clients, every individual who, immediately before the commencement day, is a client, as defined in subsection 17(1) of the Access to Cannabis for Medical Purposes Regulations, of a person whose licence is continued under subsection (1) continues to be a client of that person and is subject to those regulations made under subsection 139(1).

Security clearances

(8)Subject to regulations made under subsection 161(1), every security clearance granted under section 112 of the Access to Cannabis for Medical Purposes Regulations that is in force immediately before the commencement day is deemed to be a security clearance granted under section 67 of this Act and it continues in force until the date it is expressed to expire, unless it is cancelled before that date.

Applications for licences and permits

(9)Subject to regulations made under subsection 161(1), every application for a licence under section 35 of the Access to Cannabis for Medical Purposes Regulations, or for a permit under section 95 or 103 of those Regulations, in respect of which no final decision has been made before the commencement day is deemed to be an application for a licence or a permit, as the case may be, made under section 62 of this Act.

Applications for security clearance

(10)Subject to regulations made under subsection 161(1), every application for a security clearance under section 110 of the Access to Cannabis for Medical Purposes Regulations in respect of which no final decision has been made before the commencement day is deemed to be an application for a security clearance made under section 67 of this Act.

Other applications

(11)Subject to regulations made under subsection 161(1), every application to be a registered person, as defined in subsection 1(1) of the Access to Cannabis for Medical Purposes Regulations, and every application for an authorization to produce cannabis as a designated person, as defined in subsection 1(1) of those Regulations, in respect of which no final decision has been made before the commencement day is deemed to be an application to be a registered person or an application to produce cannabis as a designated person, as the case may be, if regulations made under subsection 139(1) that come into force on the commencement day provide for the making of such applications.

Narcotic Control Regulations — licences

159(1)Subject to regulations made under subsection 161(1), the following apply in respect of every licence that was issued under section 9.‍2 of the Narcotic Control Regulations and that is in force immediately before the commencement day:

(a)if the licence applies solely in respect of cannabis, it is deemed to have been issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date; and

(b)if the licence applies, directly or indirectly, to cannabis and to any narcotic, as defined in subsection 2(1) of those Regulations, it is deemed, in relation to its application to cannabis, to have been issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.

Permits

(2)Subject to regulations made under subsection 161(1), the following apply in respect of every permit issued under section 10 of the Narcotic Control Regulations that is in force immediately before the commencement day:

(a)if the permit applies solely in respect of cannabis, it is deemed to have been issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date; and

(b)if the permit applies, directly or indirectly, to cannabis and to any narcotic, as defined in subsection 2(1) of those Regulations, it is deemed, in relation to its application to cannabis, to have been issued under section 62 of this Act and it continues in force until it is revoked or, if it is expressed to expire on a particular date, it continues in force until it expires, unless it is revoked before that date.